Manderscheid v. Van Ru Credit Corporation, et al.
Filing
10
MEMORANDUM AND ORDER adopting 9 Report and Recommendations. Signed by District Judge J. Thomas Marten on 12/15/08.(mss)
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
LIN EDWARD MANDERSCHEID, Plaintiff, vs. VAN RU CREDIT CORPORATION, U.S. DEPARTMENT OF EDUCATION, Defendants. Case No. 08-1156-JTM
MEMORANDUM AND ORDER The United States Magistrate Judge has provisionally granted plaintiff Lin Edward Manderscheid's request for in forma pauperis status. (Dkt. No. 8 ). However, by the same Order, the Magistrate Judge also recommended that Manderscheid's claims that his prior student loans should been deemed invalid or, even if valid, should be forgiven were frivolous and should be dismissed. Specifically, the Magistrate Judge found that Mandersheid's conclusory claims of fraud on the part of Van Ru Credit and the United States Department of Education failed to meet the standards for a well-pled Complaint. Id. at 6. He further found that the request for forgiveness of the loans, based on nothing more than a generic citation to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400, et seq., was also without any merit. Id. at 7. The Court has reviewed the Report and Recommendation and finds itself in complete agreement with the conclusions therein. Further, the Court notes that Manderscheid has made no
response to the Report and Recommendation. Accordingly, for the reasons stated by the Magistrate Judge, the present action is hereby dismissed. IT IS SO ORDERED this 15th day of December, 2008 that the present action is hereby dismissed as frivolous and for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. §1915(e).
s/ J. Thomas Marten J. THOMAS MARTEN, JUDGE
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
