Hejazi v. Esper et al, No. 6:2019cv00149 - Document 10 (D. Or. 2019)

Court Description: Opinion and Order: Judge Kasubhai's Finding & Recommendation is adopted in full. Accordingly, Plaintiff's application to proceed in forma pauperis is denied, his equal protection claim dismissed without prejudice, and his remaining claims dismissed with prejudice. Plaintiff's pending motion for leave to file an amended complaint 9 , is denied as moot. Plaintiff has 30 days from the date of this Opinion and Order in which to pay the filing fee and submit an amended complaint a ddressing the deficiencies identified in Judge Kasubhai's F&R. The failure to pay the fee or file an amended complaint within the allotted time will result in the entry of a judgment of dismissal. Signed on 6/14/2019 by Judge Michael J. McShane.(Mailed to Pro Se party on 6/14/2019.) (cp)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION HAMID MICHAEL HEJAZI, Case No. 6:19-cv-00149-MK Plaintiff, v. OPINION AND ORDER MARK ESPER; U.S. DEPARTMENT OF THE ARMY; U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Defendants. _______________________________ MCSHANE, Judge: Magistrate Judge Mustafa T. Kasubhai filed a Findings & Recommendation (“F&R”), ECF No. 5, and the matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b). Plaintiff timely filed objections to the F&R. ECF No. 8. Accordingly, I have reviewed the file of this case de novo. See 28 U.S.C. § 636(b)(1)(C); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I find no error and conclude that the report is correct. Judge Kasubhai’s F&R is adopted in full. Accordingly, Plaintiff’s application to proceed in forma pauperis is DENIED, his equal protection claim DISMISSED without prejudice, and his remaining claims DISMISSED with prejudice. Plaintiff’s pending motion for leave to file an amended complaint, ECF No. 9, is DENIED as moot. Plaintiff has 30 days from the date of this Opinion and Order in which to pay the filing fee and submit an amended complaint addressing the deficiencies identified in Judge Kasubhai’s F&R. The failure to pay the fee or file an amended complaint within the allotted time will result in the entry of a judgment of dismissal. Page 1 – OPINION AND ORDER IT IS SO ORDERED. DATED this 14th day of June, 2019. /s/ Michael McShane________ Michael J. McShane United States District Judge Page 2 – OPINION AND ORDER

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.