(PS) Nomesiri v. US Department of Education

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHINDA NOMESIRI, No. 2:20–cv–1440–TLN–KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS ON

CROSS-MOTIONS FOR SUMMARY

v. JUDGMENT U.S. DEPT. OF EDUCATION, (ECF Nos. 15, 17.) Defendant. 16 Plaintiff Chinda Nomesiri alleges that the U.S. Department of Education improperly rejected his claim under 34 C.F.R. § 685.215, which allows the Department to discharge a student borrowers loan balance “for false certification of student eligibility or unauthorized payment.” (ECF No. 4 [First Amended Complaint (“FAC”)].) Nomesiri seeks review of the Department’s final decision under the Administrative Procedures Act (“APA”); therefore, review is confined to the Administrative Record and the court resolves the action on cross-motions for summary judgment. Nomesiri filed his motion for summary judgment. (ECF 15.) The Department filed its cross-motion for summary judgment. (ECF 17.) For the reasons that follow, the…