Robinson v. Pulaski Technical College
ORDER: Robinson can't prosecute a criminal case; he should turn to the appropriate authorities for help. Robinson's complaint will therefore be dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 3/7/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PULASKI TECHNICAL COLLEGE
Robinson has amended his complaint. But he has still not adequately
pleaded facts that show either federal question jurisdiction or diversity
jurisdiction. 28 U.S.C. §§ 1331 & 1332. He cites a federal regulation, 34 C.F.R.
§ 685.215, which governs the discharge of student loans when a school falsely
certifies the student's eligibility, endorses the student's loan check, or signs
the borrower's authorization for an electronic funds transfer. Robinson
doesn't allege that Pulaski Tech did any of these things; he says the school
gave his loan check to someone else, who cashed it. NQ 6 at 4. Even if this
regulation was violated, it doesn't provide him a right to file this lawsuit-it
spells out an administrative procedure involving the Secretary of the
Department of Education for discharge of the loan. 34 C.F.R. § 685.215(c).
Part of the regulation covers discharge for identity theft.
§ 685.215(c)(4). But identity theft is a federal crime, punishable under 18
U.S.C. §§ 1028 & 1028A. Robinson can't prosecute a criminal case; he should
turn to the appropriate authorities for help. Robinson's complaint will
therefore be dismissed without prejudice.
D .P. Marshall Jr.
United States District Judge
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