Citation Codes Equivalent Citations citation codes Docket Number No. 09-CV-379 (TJM/RFT). Motions Motion to dismiss : Granted Judges Thomas James McAvoy Acts The Public Health And Welfare — Civil Rights — Generally — Civil Action For Deprivation Of Rights Judiciary And Judicial Procedure — United States Magistrate Judges — Court Officers And Employees — Jurisdiction, Powers, And Temporary Assignment See more information ... Smart Summary Please sign up to generate summary. FRANK ANDOLINA, Plaintiff, v. DEBORAH KENNY, CO BURNS, Defendants. DECISION ORDER THOMAS McAVOY, District Judge I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 and the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub.L. 104-191, 110 Stat. 1936, was referred to the Hon. Randolph F. Treece, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the Report-Recommendation and Order dated February 10, 2010 have been filed, and the time to do so has expired. Furthermore, after examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation and Order for the reasons stated therein. It is therefore, ORDERED that Defendants' Motion to Dismiss (Dkt. No. 17) is GRANTED and the Complaint (Dkt. No. 1) is DISMISSED. The Clerk of the Court is instructed to enter judgment in favor of Defendant and to close the file in this matter. IT IS SO ORDERED.