DeGusta

Plaintiff brings this action to recover on two federally insured student loans. The matter is now before the court for review of recommendations made by Magistrate Esther Mix that plaintiff’s motion for summary judgment be granted and that.defendant’s motion for summary judgment be denied. Because these motions may be dis-positive of the case and because objections have been made to the magistrate’s recommendations, the court is required under Local Rule 302 to consider de novo the merits of the pending motions.

There are no material issues of fact in this ease. Defendant admits in his answer that he executed two promissory notes to Wells Fargo Bank, that the notes were insured by the Department of Health, Education and Welfare, Office of Education (“HEW/OE”) and that Wells Fargo Bank assigned the notes to HEW/OE pursuant to 45 C.F.R. § 177.48 (1978) (Part 177 revised in 1979). Although defendant denies in his answer that he has failed to satisfy his indebtedness and that plaintiff has made repeated demands for payment, affidavits and HEW/OE records submitted by plaintiff indicate that defendant has not satisfied his indebtedness and that plaintiff has made demands for…