(PS) Khenaisser v. Jewell et al, No. 2:2015cv01205 - Document 29 (E.D. Cal. 2016)

Court Description: ORDER signed by Chief Judge Morrison C. England, Jr on 3/3/16 ORDERING that the Findings and Recommendations filed February 9, 2016 (ECF No. 24 ) are ADOPTED IN FULL; Defendants' Motion to Dismiss (ECF No. 18 ) is GRANTED; Defendants Peder son and Murillo are DISMISSED without leave to amend; Plaintiff's unfair labor practice claims are DISMISSED without leave to amend; Plaintiff's discrimination claims related to his alleged termination and non-selection for the Project Man ager position are DISMISSED for lack of subject matter jurisdiction; Plaintiff's exhausted claims for discrimination are DISMISSED with leave to amend; Plaintiff is granted leave to file a First Amended Complaint setting forth only exhausted cla ims for discrimination within thirty (30) days of the date this order is electronically filed. The amended complaint shall consist of separately and sequentially numbered allegations in accordance with Federal Rule of Civil Procedure 10(b), with each claim set forth separately, and in conformance with the general format of documents required under Local Rule 130(b), (c) and (d). Defendant is granted thirty (30) days thereafter to respond to the amended complaint. (Becknal, R)

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(PS) Khenaisser v. Jewell et al Doc. 29 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MAZEN KHENAISSER, 12 Plaintiff, 13 14 No. 2:15-cv-1205 MCE CKD PS v. ORDER SALLY JEWELL, et al. 15 Defendants. 16 Plaintiff Mazen Khenaisser (“Plaintiff”) is proceeding pro se in this civil action. This 17 18 matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21). On February 9, 2016, the magistrate judge filed Findings and Recommendations herein 19 20 (ECF No. 24) which were served on the parties and which contained notice that any objections to 21 the Findings and Recommendations were to be filed within fourteen days. Plaintiff timely filed 22 objections to the Findings and Recommendations. ECF No. 25. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the 23 24 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 25 including Plaintiff’s objections to the Findings and Recommendations, the Court finds the 26 Findings and Recommendations to be supported by the record and by proper analysis. 27 /// 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed February 9, 2016 (ECF No. 24) are 3 ADOPTED IN FULL. 4 2. Defendants’ Motion to Dismiss (ECF No. 18) is GRANTED. 5 3. Defendants Pederson and Murillo are DISMISSED without leave to amend. 6 4. Plaintiff’s unfair labor practice claims are DISMISSED without leave to amend. 7 5. Plaintiff’s discrimination claims related to his alleged termination and non-selection for 8 9 the Project Manager position are DISMISSED for lack of subject matter jurisdiction. 6. Plaintiff’s exhausted claims for discrimination are DISMISSED with leave to amend. 10 7. Plaintiff is granted leave to file a First Amended Complaint setting forth only 11 exhausted claims for discrimination within thirty (30) days of the date this order is electronically 12 filed. The amended complaint shall consist of separately and sequentially numbered allegations 13 in accordance with Federal Rule of Civil Procedure 10(b), with each claim set forth separately, 14 and in conformance with the general format of documents required under Local Rule 130(b), (c) 15 and (d). Defendant is granted thirty (30) days thereafter to respond to the amended complaint. 16 17 IT IS SO ORDERED. Dated: March 3, 2016 18 19 20 21 22 23 24 25 26 27 28 2

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