Opinion
11-CV-3774 (ENV) (RER).
August 8, 2011
MEMORANDUM AND ORDER
Pro se plaintiff Muneerah Crawford commenced this action on August 3, 2011, alleging that she has been determined to have defaulted on a student loan and breached the student loan agreement. Plaintiff seeks, inter alia, to vacate the default and to return the student loan to repayment status. Plaintiff also seeks-by order to show cause — "an order enjoining the United States Department from any collection action on my defaulted student loan" . . . "because any collection actions will harm me due to my current financial hardship."
The Higher Education Act, 20 U.S.C. § 1082(a)(2), provides that "no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Secretary or property under the Secretary's control. . . ." Id. Thus, the Court lacks jurisdiction over plaintiff's claims for injunctive relief. Jones v. U.S. Dep't of Educ., No. 08-CV-4404, 2010 WL 2710624, at *3 (E.D.N.Y. July 6, 2010); Lepelletier v. U.S. Dep't of Educ., No. 09-1119, 20009 WL 3416265 (D.D.C. Oct. 22, 2009);Kitchen v. U.S. Dep't of Educ., No. 97 Civ. 9391, 1998 WL 167325 (S.D.N.Y. Apr. 9, 1998); Calise Beauty School, Inc. v. Riley, 941 F.Supp. 425, 428 (S.D.N.Y. 1996).
Accordingly, plaintiff's proposed order to show cause seeking immediate injunctive relief is declined.
SO ORDERED.
Dated: Brooklyn, New York
August 5, 2011