Rebecca Flores v. Missouri Higher Education Loan Authority (MOHELA)

Summary

The United States District Court for the Eastern District of California found that Rebecca Flores’s Second Amended Complaint states cognizable claims under the Fair Credit Reporting Act and Fair Debt Collection Practices Act against the Missouri Higher Education Loan Authority. The court authorized service, directed the Clerk to provide service documents, and ordered Plaintiff to complete and return the required materials within thirty days.

Holdings

1. The Second Amended Complaint states cognizable claims against Missouri Higher Education Loan Authority and may proceed to service.
2. Service is appropriate on MOHELA, and upon plaintiff's submission of the required documents, the United States Marshal shall be directed to serve the defendant without payment of costs.

Questions Presented

1. Whether the Second Amended Complaint states cognizable claims sufficient to permit service under the court's screening obligation for an in forma pauperis action.
2. Whether service of process should be initiated through the United States Marshal without requiring plaintiff to pay costs or attempt service herself.

Disposition

other