Opinion
No. 08-5423.
Filed On: January 26, 2009.
BEFORE: Henderson, Tatel, and Kavanaugh, Circuit Judges.
ORDER
Upon consideration of the motion to withdraw notice of appeal, which includes a request for a refund of the $455 filing fee; and the response thereto, it is
ORDERED that the appeal be dismissed as moot. A case becomes moot when, by virtue of an intervening event, the court can no longer grant effective relief to the appellant. See United States v. Chrysler Corp., 158 F.3d 1350, 1353 (D.C. Cir. 1998). This case has become moot by virtue of the Internal Revenue Service's withdrawal of the summonses, and there is nothing further appellant could achieve through success on her appeal. See Pacific Fisheries Inc. v. U.S., 484 F.3d 1103, 1111 (9th Cir. 2007) (noting that, after the IRS withdrew summonses, petition to quash was moot). It is
FURTHER ORDERED that the district court's order be vacated, and the case remanded to the district court with instructions to dismiss the complaint as moot. See United States v. Munsingwear, Inc., 340 U.S. 36, 40 (1950). It is
FURTHER ORDERED that the request for a refund of the filing fee be denied. This case does not present any circumstance that warrants refunding the filing fee.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.