NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 09-1399 ___________ THEODORE E. WEATHERBEE by his next friend and agent; CHERYL L. VECCHIO v. ESTELLE RICHMAN in her official capacity as Secretary of the Commonwealth of Pennsylvania Department of Public Welfare, Appellant ___________ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil No. 1-07-cv-00134) District Judge: The Honorable Sean J. McLaughlin ___________ Submitted Under Third Circuit LAR 34.1(a) October 30, 2009 Before: SMITH, FISHER, and NYGAARD, Circuit Judges.