Summary
adopting recommendation to dismiss action with prejudice pursuant to 28 U.S.C. § 1915(e)(B) that concluded, inter alia, "this Court lacks jurisdiction because there is no private right of action under HIPPA"
Summary of this case from Cottman v. Dunbar Armored, Inc.Opinion
Case No. 1:15-cv-68
03-04-2015
RODNEY COTTMAN, Plaintiff, v. HORIZON HEALCARE, et al., Defendants.
Magistrate Judge Stephanie K. Bowman
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 4)
This case is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on February 13, 2015, submitted a Report and Recommendations. (Doc. 4). Plaintiff did not file objections.
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendations should be and is hereby adopted in its entirety.
Accordingly:
1. Plaintiff's complaint (Doc. 3) is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B); and
2. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal of this Order would not be taken in good faith and therefore, Plaintiff is denied leave to appeal in forma pauperis.
The Clerk shall enter judgment accordingly, whereupon this civil action is TERMINATED on the docket of this Court.
IT IS SO ORDERED. Date: 3/4/2015
/s/_________
Timothy S. Black
United States District