Michael Conville v. EDUC

Filing

PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Morris S. Arnold and Bobby E. Shepherd (UNPUBLISHED) [4054125] [12-2636]

United States Court of Appeals
For the Eighth Circuit
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No. 12-2636
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Michael J. Conville
lllllllllllllllllllll Appellant
v.
Department of Education, U.S. Secretary Arne Ducan
lllllllllllllllllllll Appellee
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Appeal from United States District Court
for the Western District of Arkansas - Ft. Smith
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Submitted: February 6, 2013
Filed: July 12, 2013
[Unpublished]
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Before BYE, ARNOLD, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Michael Conville filed a complaint for judicial review of an administrative
decision of the Department of Education (DOE) denying discharge of his federally
guaranteed student loans. Both parties moved for summary judgment. Determining
there was no evidence that the DOE’s decision was unreasonable, arbitrary, or

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Date Filed: 07/12/2013 Entry ID: 4054125

capricious, the district court1 denied Conville’s motion, granted the DOE’s, and
dismissed the complaint. Conville appeals.
For the reasons the district court stated, we conclude that the DOE was entitled
to summary judgment. See South Dakota v. Dep’t of Interior, 487 F.3d 548, 551 (8th
Cir. 2007) (standard of review). The existence of the student loan debts was
undisputed. Notwithstanding Conville’s arguments, the DOE reasonably decided that
his debts were enforceable and that there was no basis for their discharge.
Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.
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1

The Honorable Robert T. Dawson, United States District Judge for the
Western District of Arkansas.
-2-

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Date Filed: 07/12/2013 Entry ID: 4054125