United States Court of Appeals F OR T HE D ISTRICT OF C OLUMBIA C IRCUIT ____________ No. 10-5014 September Term 2011 1:04-cv-02009-ESH-JMF Filed On: September 13, 2011 Wilfred Samuel Rattigan, Appellee v. Eric H. Holder, Jr., Attorney General, United States Department of Justice, Appellant

BEFORE: Sentelle, Chief Judge, and Ginsburg, Henderson, Rogers, Tatel, Garland, Brown, Griffith, and Kavanaugh, Circuit Judges

ORDER Upon consideration of the petition for rehearing en banc and the response thereto, and 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