U.S. Court of Appeals for the Fourth Circuit, 2011

Keller v. Social Security Administration

Keller v. Social Security Administration
U.S. Court of Appeals for the Fourth Circuit · Decided December 14, 2011 · King, Gregory, Diaz
457 F. App'x 247

Keller v. Social Security Administration

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

David W. Keller appeals the district court’s order dismissing without prejudice Keller’s civil complaint for lack of ripeness. Shortly after entry of the district court’s order, Congress passed the Budget Control Act of 2011 (“the Act”), Pub.L. No. *248 112-25, 125 Stat. 240 (2011), which raised the federal debt ceiling. Given the passage of the Act, the legal basis for Keller’s complaint — that the failure to raise the debt ceiling would cause the country to default on its foreign debt, which in turn would necessitate the Government to withhold Social Security benefits payments — is no longer viable. Accordingly, we dismiss the appeal as moot. See United States v. Hardy, 545 F.3d 280, 285 (4th Cir. 2008) (explaining that this court should dismiss an appeal “when, by virtue of an intervening event, a court of appeals cannot grant any effectual relief whatever in favor of the appellant” (internal quotation marks omitted)). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.

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