United States Court of Appeals F OR T HE D ISTRICT OF C OLUMBIA C IRCUIT ____________ 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

ORDER

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.