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  • Keller v. Social Security Administration, 4th Cir. (2011)

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    This document summarizes a United States Court of Appeals case from 2011. The plaintiff, David Keller, appealed the district court's dismissal of his complaint against the Social Security Administration, President Obama, and the Secretary of the Treasury. Keller's complaint argued that failure to raise the federal debt ceiling would cause the U.S. to default on foreign debt and require withholding of Social Security benefits. However, during the appeal, Congress passed a law raising the debt ceiling, eliminating the legal basis for Keller's complaint. As a result, the Court of Appeals dismissed the appeal as moot since the intervening event meant the court could no longer provide any relief for Keller.

    Original Description:

    Filed: 2011-12-14 Precedential Status: Non-Precedential Docket: 11-1797

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    This document summarizes a United States Court of Appeals case from 2011. The plaintiff, David Keller, appealed the district court's dismissal of his complaint against the Social Security Administration, President Obama, and the Secretary of the Treasury. Keller's complaint argued that failure to raise the federal debt ceiling would cause the U.S. to default on foreign debt and require withholding of Social Security benefits. However, during the appeal, Congress passed a law raising the debt ceiling, eliminating the legal basis for Keller's complaint. As a result, the Court of Appeals dismissed the appeal as moot since the intervening event meant the court could no longer provide any relief for Keller.

    Copyright:

    Public Domain
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    66 views2 pages

    Keller v. Social Security Administration, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case from 2011. The plaintiff, David Keller, appealed the district court's dismissal of his complaint against the Social Security Administration, President Obama, and the Secretary of the Treasury. Keller's complaint argued that failure to raise the federal debt ceiling would cause the U.S. to default on foreign debt and require withholding of Social Security benefits. However, during the appeal, Congress passed a law raising the debt ceiling, eliminating the legal basis for Keller's complaint. As a result, the Court of Appeals dismissed the appeal as moot since the intervening event meant the court could no longer provide any relief for Keller.

    Copyright:

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    of 2

    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

    courts

    order

    dismissing without prejudice Kellers civil complaint for lack


    of ripeness.

    Shortly after entry of the district courts 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

    Kellers 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

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