Paul Pilger v. United States Department of Ed

MEMORANDUM

Paul William Pilger appeals pro se from the district court’s summary judgment in his action challenging the Department of Education’s denial of his request to discharge his federally-guaranteed student loans. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. UMG Recordings, Inc. v. Shelter Capital Partners LLC, 718 F.3d 1006, 1014 (9th Cir.2013). We may affirm on any ground supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008). We affirm.

The district court properly granted summary judgment to the Department of Education because Pilger failed to raise a genuine dispute of material fact as to whether the Department’s decision to deny his request for a discharge was arbitrary or capricious. See Auer v. Robbins, 519 U.S. 452, 461 , 117 S.Ct. 905 , 137 L.Ed.2d 79 (1997) (an agency’s interpretation of its own regulations are “controlling unless plainly erroneous or inconsistent with the regulation” (citation and internal quotation marks omitted)); Native Vill. of Point Hope v. Salazar, 680 F.3d 1123, 1129 (9th Cir.2012) (setting forth the arbitrary and capricious standard of review and explaining the limited…