Carlson v. U.S. Department of Education et al

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATIONS 25 and 2 Motion to Dismiss filed by defendants. (Written Opinion) Signed by Judge Joan N. Ericksen on September 20, 2012. (CBC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Stephen Wayne Carlson,
Plaintiff,
v.

Civil No. 12-645 (JNE/JJK)
ORDER

U.S. Department of Education;
Minnesota Office of Higher Education;
Governor Mark Dayton in his Official Capacity;
B. Todd Jones, U.S. Attorney, District of
Minnesota; Financial Litigation Unit; Board
of Regents of the University of Minnesota;
Eric Kaler in his Official Capacity,
Defendants.

This matter arises from an adversary proceeding in a bankruptcy case, which the
bankruptcy court transferred to this Court pursuant to Local Rule 5011-3(a). All of the
Defendants filed Motions to Dismiss. In a Report and Recommendation dated August 9, 2012,
the Honorable Jeffrey J. Keyes, United States Magistrate Judge, recommended granting the
Defendants’ Motions to Dismiss and transferring Plaintiff’s claim for discharge of his student
loan debt on grounds of undue hardship back to the bankruptcy court for resolution. Plaintiff
objected and Defendant responded. The Court has conducted a de novo review of the record.
See D. Minn. LR 72.2(b). Based on that review, the Court adopts the Report and
Recommendation [Docket No. 25]. Therefore, IT IS ORDERED THAT:
1.

Defendants Minnesota Office of Higher Education and Governor Mark
Dayton’s Motion to Dismiss [Docket No. 1, Attach. No. 6] is GRANTED.

2.

Defendants Board of Regents of the University of Minnesota and Eric
Kaler’s Motion to Dismiss Adversary Proceeding [Docket No. 1, Attach.
No. 8] is GRANTED.

3.

Defendants B. Todd Jones, U.S. Department of Education, and Financial
Litigation Unit’s Motion to Dismiss [Docket No. 2] is GRANTED.
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4.

Plaintiff’s claim for discharge of his student loan debt on grounds of
undue hardship is TRANSFERRED back to the bankruptcy court for
resolution.

5.

This action is DISMISSED.

Dated: September 20, 2012
s/Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge

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