Gearhart
Gearhart v. United States Department of Education
Opinion
trial_court Opinion
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7
JEFFREY GEARHART,
8 Case No. 19-cv-00750-YGR Plaintiff, 9 ORDER GRANTING IN PART AND DENYING v. IN PART MOTION TO DISMISS FIRST 10 AMENDED COMPLAINT
UNITED STATES DEP’T OF EDUC., ET AL.,
11 Re: Dkt. No. 27 Defendants. 12
13 Plaintiff Jeffrey Gearhart (“Gearhart”), federal student loan borrower, brought this action 14 against defendants United States Department of Education (“the Department”) and Secretary of 15 Education Betsy DeVos (“the Secretary”) based upon its actions in garnishing his tax returns in 16 collection of alleged student loan debt. Defendants previously moved to dismiss Gearhart’s 17 complaint, which motion was granted with leave to amend. 18 In his First Amended Complaint filed August 9, 2019 (Dkt. No. 26 [“FAC”]), Gearhart 19 alleges violations of the Administrative Procedure Act (“APA”) and a Bivens Claim for violation 20 of his rights under the…