Keller v. Social Security Administration, No. 11-1797 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1797 DAVID W. KELLER, and all Persons Similarly Situated, Plaintiff Appellant, v. SOCIAL SECURITY ADMINISTRATION; BARACK HUSSEIN OBAMA, President of the United States of America; TIMOTHY GEITHNER, Secretary of the Treasury of the United States of America, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:11-cv-00471-JRS) Submitted: December 1, 2011 Decided: December 14, 2011 Before KING, GREGORY, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. David W. Keller, Appellant Pro Se. Helen L. Gilbert, Michael Raab, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Unpublished opinions are not binding precedent in this circuit.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. 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 Security benefits payments is no longer viable. Social Accordingly, See United States v. Hardy, 545 we dismiss the appeal as moot. 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)). dispense with oral argument because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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