373 F3d 895 Leach v. Mediacom

373 F.3d 895

David F. LEACH, Appellant,
MEDIACOM, Appellee,
United States of America, Movant Below.

No. 03-1447.

United States Court of Appeals, Eighth Circuit.

Submitted: December 10, 2003.

Filed: June 28, 2004.

Rehearing and Rehearing En Banc Denied August 9, 2004.*

David F. Leach, Des Moines, IA, pro se.

Michael A. Giudicessi and William J. Hunnicutt, argued, Des Moines, IA, for appellee.

Before RILEY, HANSEN, and SMITH, Circuit Judges.


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David F. Leach appeals the district court's1 dismissal of his complaint, purportedly brought under the Cable Communications Policy Act. See 47 U.S.C. § 521 et seq. Having carefully reviewed the record, we agree with the district court that there is no implied private right of action under 47 U.S.C. § 531(e), as Congress expressly gave the franchiser enforcement authority. See Alexander v. Sandoval, 532 U.S. 275, 290, 121 S.Ct. 1511, 149 L.Ed.2d 517 (2001) ("The express provision of one method of enforcing a substantive rule suggests that Congress intended to preclude others.") Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.



Judge Melloy and Judge Colloton did not participate in the consideration or decision of this case


The Honorable Harold D. Vietor, United States District Judge for the Southern District of Iowa