MCCAMBRIDGE v. BURWELL

Filing 32

OPINION/ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED; DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED; JUDGMENT IS ENTERED IN FAVOR OF THE DEFENDANT AND AGAINST THE PLAINTIFF; PLAINTIFF'S MOTION TO REMAND IS DENIED; THE PLAINTIFF'S REQUEST FOR APPOINTMENT OF COUNSEL IS DENIED; AND THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 12/22/16. 12/22/16 ENTERED AND COPIES MAILED TO PRO SE' AND E-MAILED.(ky, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PETER S. McCAMBRIDGE, Plaintiff, v. SYLVIA MATTHEWS BURWELL, SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant. : : : : : : : : : : : CIVIL ACTION NO. 16-1148 ORDER AND NOW, this 22nd day of December, 2016, after considering (1) the motion for summary judgment filed by the pro se plaintiff and any responses thereto (Doc. Nos. 16, 27); (2) the motion for summary judgment filed by the defendant and any responses thereto (Doc. Nos. 17, 29); (3) the statement of undisputed material facts in support of the defendant’s motion for summary judgment (Doc. No. 18); (4) the plaintiff’s motion to remand (Doc. No. 20); and (5) the plaintiff’s request for appointment of counsel (Doc. No. 30); and after reviewing the administrative record filed by the Defendant (Doc. No. 14); and for the reasons set forth in the separately-filed memorandum opinion, it is hereby ORDERED as follows: 1. The plaintiff’s motion for summary judgment (Doc. No. 16) is DENIED; 2. The defendant’s motion for summary judgment (Doc. No. 17) is GRANTED; 3. Judgment is entered in favor of the defendant, Sylvia Matthews Burwell, Secretary of Health and Human Services, and against the plaintiff, Peter S. McCambridge; 4. The plaintiff’s motion to remand (Doc. No. 20) is DENIED; 5. The plaintiff’s request for appointment of counsel (Doc. No. 30) is DENIED; and 6. The clerk of the court shall mark this matter as CLOSED. BY THE COURT: /s/ Edward G. Smith EDWARD G. SMITH, J. 2

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