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United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 07-5080 September Term 2008
06cv00306
Filed On: July 1, 2009
Scott Tooley,
Appellant
v.
Janet Ann Napolitano, Homeland Security
Secretary, in her official capacity, et al.,
Appellees
BEFORE: Sentelle, Chief Judge, and Ginsburg, Henderson, Rogers, Tatel,
Garland, Brown, Griffith, and Kavanaugh*, Circuit Judges, and
Williams, Senior Circuit Judge
O R D E R
Upon consideration of the petition for rehearing en banc and the response
thereto, and the order setting this matter for panel rehearing, it is
ORDERED that the petition be dismissed as moot. A new period for petitioning
for en banc review will begin to run following entry of a new panel judgment.
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Michael C. McGrail
Deputy Clerk
* Circuit Judge Kavanaugh did not participate in this matter.
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