United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
YANDLE, DISTRICT JUDGE:
before the Court is Plaintiff Lupe King's Motion for
Leave to Proceed in forma pauperis (Doc. 15). Under
28 U.S.C. § 1915, an indigent party may commence a
federal court action without paying required costs and fees
upon submission of an affidavit asserting the inability
“to pay such fees or give security therefor” and
stating “the nature of the action, defense or appeal
and the affiant's belief that the person is entitled to
redress.” 28 U.S.C. § 1915(a)(1).
Court is satisfied from King's affidavit that she is
indigent and cannot pay the $400.00 filing fee at this time.
King does not work and receives disability benefits totaling
$1, 164.20 per month. She has $950.00 in monthly payments and
significant debt. Her monthly payments and debts exceed her
Court's inquiry does not end there, however, because
§ 1915(e)(2) requires careful threshold scrutiny of a
Complaint filed by a plaintiff seeking to proceed IFP. Thus,
the Court may dismiss a case if it determines the action is
clearly frivolous or malicious, fails to state a claim, or is
a claim for money damages against an immune defendant. 28
U.S.C. § 1915(e)(2)(B); see also Hoskins v.
Poelstra, 320 F.3d 761, 763 (7th Cir. 2003)
(“District judges have ample authority to dismiss
frivolous or transparently defective suits spontaneously, and
thus save everyone time and legal expense”).
conducting a § 1915(e)(2) screening, the Court must
determine if the Complaint presents any potentially
meritorious factual and legal grounds. The standard for
deciding whether to dismiss a case for failure to state a
claim under § 1915(e)(2)(B)(ii) is the same as that for
reviewing claims under Federal Rule of Civil Procedure
12(b)(6). Dewalt v. Carter, 224 F.3d 607, 611-12
(7th Cir. 2000). Specifically, the Complaint must contain
allegations that go beyond a merely speculative level.
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555
(2007). Additionally, under Rule 8 of the Federal Rules of
Civil Procedure, a Complaint must contain:
(1) a short and plain statement of the grounds for the
court's jurisdiction, unless the court already has
jurisdiction and the claim needs no new jurisdictional
(2) a short and plain statement of the claim showing that the
pleader is entitled to relief; and
(3) a demand for the relief sought, which may include relief
in the alternative or different types of relief.
Civ. P. 8(a).
claims that she was hired by Defendant on July 14, 2014 and
was discriminated against on account of her race, age,
disability, and national origin. She further claims that her
rights pursuant to the Health Insurance Portability and
Accountability Act (“HIPAA”) were violated and
that she was subjected to disparate treatment, harassment,
and retaliation. In particular, King alleges she was
subjected to disparaging jokes and comments, that she was
harassed by a younger, white coworker, that she was denied
reasonable accommodations, and that her employment was
suspended in retaliation for complaints. King received a
Notice of Right to Sue in July 2015. She seeks compensatory,
reinstatement, and punitive damages.
Amended Complaint generally meets the notice pleading
requirements of Rule 8 with one caveat. HIPAA does not create
a private right of action. Carpenter v. Phillips,
419 Fed.Appx. 658, 659 (7th Cir. 2011). Therefore, to the
extent that King claims her rights under HIPAA were violated,
that claim is Dismissed with prejudice.
foregoing reasons, Plaintiff's Motion
for Leave to Proceed in forma pauperis (Doc. 15) is
GRANTED and Plaintiff's claims pursuant
to HIPAA are DISMISSED with prejudice.
Plaintiff shall proceed on her race, age, disability,
national origin discrimination, harassment, disparate
treatment, and retaliation claims.
Clerk of Court is DIRECTED to complete, on
Plaintiff's behalf, a summons and form USM-285 for
service of process on Robert Wilkie; the Clerk shall issue
the completed summons. The United States Marshals SHALL serve
Defendant Wilkie pursuant to Rule 4(e) of the Federal Rules
of Civil Procedure. All costs of service shall be advanced by
the United ...