United States Court of Appeals
For the First Circuit
________________________
No. 12-2059
MARY C. MAYHEW, in her capacity as
Commissioner of Maine Department of Health and Human Services,
Petitioner,
v.
KATHLEEN SEBELIUS, Secretary,
in her capacity as Secretary of the U.S. Department of Health and Human Services, ET AL.,
Respondents.
________________________
Before
Lynch, Chief Judge,
Howard and Thompson, Circuit Judges.
________________________
________________________
JUDGMENT
Entered: September 13, 2012
The petition for review of Respondents' "failure . . . to act" more expeditiously upon Petitioner's request for a State Plan Amendment (SPA) is summarily denied. As developed here, the facts do not warrant the mandamus-like relief of ordering Respondents to consider or approve the SPA by October 1, 2012. The motion for injunctive relief is denied as moot.
By the Court:
/s/ Margaret Carter, Clerk.
cc:
Paul Stern
Kathleen Sebelius
William B. Schultz
Channing D. Phillips
Nancy S. Nemon
Richard R. McGreal
Cynthia R. Mann
Alisa Beth Klein
Thomas Edward Delahanty, II
