Konashenko v. Duncan et al
Larisa Konashenko |
AES / PHEAA and Arne Duncan |
2:2015cv02354 |
April 24, 2015 |
US District Court for the Eastern District of New York |
Central Islip Office |
Sandra J. Feuerstein |
Steven I. Locke |
Other Statutory Actions |
20 U.S.C. ยง 1080 Student Loan Recovery |
None |
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Filing 28 ORDER ADOPTING REPORT AND RECOMMENDATIONS: Upon review, this Court adopts Magistrate Judge Locke's Report in its entirety. Accordingly, defendant PHEAA's motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Proce dure 12(b)(6) 18 is GRANTED. A liberal reading of plaintiff's complaint does not give any indication that a valid claim might be state against defendant PHEAA, thus amendment would be futile. Accordingly, plaintiff's complaint is dismisse d with prejudice as to defendant PHEAA. See, e.g., Ruotolo v. City of New York, 514 F.3d 184, 191 (2d Cir. 2008). The Clerk of the Court is directed to serve notice of entry of this Order upon plaintiff. SO Ordered by Judge Sandra J. Feuerstein on 8/31/2016. (Tirado, Chelsea) |
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