Jones v. U.S. Dept. of Transportation

Full title: James M. Jones, Petitioner v. United States Department of Transportation…

Court: United States Court of Appeals, District of Columbia Circuit

Date published: Apr 22, 2009

No. 08-1394 (D.C. Cir. Apr. 22, 2009)

Opinion

No. 08-1394.

Filed On: April 22, 2009.

BEFORE: Sentelle, Chief Judge; and Henderson and Brown, Circuit Judges.

Per Curiam

ORDER

Upon consideration of the motion to dismiss petition for review as moot in light of this court's decision in Adams v. FAA, and the opposition thereto, it is

ORDERED that the motion to dismiss be granted. Petitioner's petition for review challenging the Federal Aviation Administration's denial of his request for an exemption from the "Age 60 Rule" is moot in light of the Fair Treatment for Experienced Pilots Act, codified at 49 U.S.C. § 4429. See Adams v. FAA, 550 F.3d 1174 (D. C. Cir. 2008). Notwithstanding the arguments presented by petitioner in his opposition,Adams is the law of the circuit and therefore binding upon this panel.See Maxwell v. Snow, 409 F.3d 354, 358 (D. C. Cir. 2005).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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.