SEBASTIAN v. JOHNSON

Filing 21

ORDER THAT PLAINTIFF'S OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ARE OVERRULED; MAGISTRATE JUDGE ELIZABETH T. HEY'S REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 7 ) IS DENIED AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT (DOC. NO. 9 ) IS GRANTED. SIGNED BY HONORABLE LEGROME D. DAVIS ON 2/28/11. 3/1/11 ENTERED AND COPIES E-MAILED.(mas, )

SEBASTIAN v. JOHNSON

Doc. 21

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JAMES M. SEBASTIAN, v. KATHLEEN SEBELIUS, Secretary of the United States Department of Health and Human Services. : : : : : : : ORDER AND NOW, this 28th day of February, 2011, after consideration of Plaintiff James Sebastian's Motion for Summary Judgment (Doc. No. 7), Defendant's Cross-Motion for Summary Judgment (Doc. No. 9), and Plaintiff's Response to Defendant's Cross-Motion for Summary Judgment (Doc. No. 10); review of Magistrate Judge Elizabeth T. Hey's Report and Recommendation (Doc. No. 14) and the record in this matter; and de novo review of Plaintiff's Objections to the Magistrate Judge's Report and Recommendation (Doc. No. 19) and Defendant's Memorandum in support of the Magistrate Judge's Report and Recommendation (Doc. No. 20), the Court hereby ORDERS that: 1. Plaintiff's Objections to the Magistrate Judge's Report and Recommendation are OVERRULED; Magistrate Judge Elizabeth T. Hey's Report and Recommendation is APPROVED and ADOPTED; Plaintiff's Motion for Summary Judgment (Doc. No. 7) is DENIED; and Defendant's Cross-Motion for Summary Judgment (Doc. No. 9) is GRANTED.

CIVIL ACTION

No. 09-1404

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BY THE COURT: /S/LEGROME D. DAVIS Legrome D. Davis, J.

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