Opinion
1:22cv73-MW/GRJ
04-14-2022
HARIS KHAN, Plaintiff, v. NAVIENT CORPORATION, Defendant.
ORDER ACCEPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATION
MARK E. WALKER, CHIEF UNITED STATES DISTRICT JUDGE
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 4, and has also reviewed de novo Plaintiff's objections, ECF No. 5. This Court agrees with the Magistrate Judge that Plaintiff has failed to state a claim. However, while it is certainly a close call, and this Court understands why the Magistrate Judge recommends denial of the IFP motion, this Court disagrees with the recommendation and in its discretion grants Plaintiff's motion to proceed IFP. Accordingly, IT IS ORDERED:
The report and recommendation, ECF No. 4, is accepted in part and rejected in part, as this Court's opinion. Plaintiff has failed to state a claim. However, he has leave to file an amended complaint on or before May 4, 2022. In addition, Plaintiff's motion to proceed in forma pauperis, ECF No. 2, is GRANTED. This matter is remanded to the Magistrate Judge for further proceedings consistent with this Order.
SO ORDERED on April 14, 2022.