(PS) Brown v. Hagel et al, No. 2:2015cv00026 - Document 44 (E.D. Cal. 2017)
Court Description: ORDER signed by District Judge John A. Mendez on 3/29/2017; ADOPTING 43 Findings and Recommendations; GRANTING 22 Motion to Dismiss as follows: Plaintiff's Title VII and ADEA claims are dismissed without leave to amend to the extent they are predicated on agency action that occurred after 6/11/2013. The balance of plaintiff's age discrimination claim is dismissed with leave to amend. Plaintiff's defamation claim and due process claims (and related harmful procedural error claim) are dismissed without leave to amend. Plaintiff is granted thirty days from the date of this order to file an amended complaint as provided herein. (Washington, S)
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(PS) Brown v. Hagel et al Doc. 44 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEITH BROWN, 12 13 14 15 No. 2:15-cv-26-JAM-EFB PS Plaintiff, v. ORDER JAMES MATTIS, Secretary of Defense; UNITED STATES DEPARTMENT OF DEFENSE, 16 Defendants. 17 18 On February 16, 2017, the magistrate judge filed findings and recommendations herein 19 which were served on the parties and which contained notice that any objections to the findings 20 and recommendations were to be filed within fourteen days. No objections were filed. 21 22 The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 23 Accordingly, IT IS ORDERED that: 24 1. The proposed Findings and Recommendations filed February 16, 2017, are 25 26 27 28 ADOPTED; 2. Defendants’ motion to dismiss (ECF No. 22) is granted as follows: a. Plaintiff’s Title VII and ADEA claims are dismissed without leave to amend to the extent they are predicated on agency action that occurred after June 11, Dockets.Justia.com 1 2013. The balance of plaintiff’s age discrimination claim is dismissed with 2 leave to amend. 3 b. Plaintiff’s defamation claim and due process claims (and related harmful 4 5 procedural error claim) are dismissed without leave to amend. 3. Plaintiff is granted thirty days from the date of this order to file an amended 6 complaint as provided herein. The amended complaint must bear the docket number 7 assigned to this case and must be labeled “Second Amended Complaint.” Should 8 plaintiff fail to timely file an amended complaint, this action will proceed on 9 plaintiff’s Title VII claim challenging defendants’ conduct prior to the suspension of 10 11 his security clearance. DATED: March 29, 2017 12 /s/ John A. Mendez________________________ 13 UNITED STATES DISTRICT COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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