Maddern

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RONALD MADDERN, Case No. 21-cv-1298-MMA (BLM)

Plaintiff,

ORDER AFFIRMING IN PART

v. TENTATIVE RULINGS RE:

DEFENDANT’S MOTION FOR

LLOYD AUSTIN,

SUMMARY JUDGMENT AND

Defendant. PLAINTIFF’S CROSS MOTION FOR

SUMMARY JUDGMENT

16 [Doc. Nos. 32, 33] 18 19 Plaintiff Ronald Maddern (“Plaintiff”) brings this action against Defendant Lloyd Austin, in his official capacity as Secretary of the United States Department of Defense (“Defendant”) pursuant to the Administrative Procedure Act (“APA”), 5 U.S.C. § 706 et seq. and the Due Process Clause of the Fifth Amendment of the United States Constitution. See Doc. No. 21 (“FAC”). On October 12, 2022, the parties appeared before the Court for a hearing on their cross-motions for summary judgment. See Doc. Nos. 32, 33. In anticipation of the hearing, the Court issued tentative rulings on the pending motions. See Doc.…