(PS) Cheung v. Dept. of Veterans Affairs

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL CHEUNG, No. 2:23-cv-1731 DJC AC PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS DEPARTMENT OF VETERAN

AFFAIRS,

15 Defendant. 16 Plaintiff is proceeding in this matter pro se, and pre-trial proceedings are accordingly referred to the undersigned pursuant to Local Rule 302(c)(21). Before the court is defendant’s motion to dismiss plaintiff’s claims of disability discrimination, age discrimination, and whistleblower retaliation. ECF No. 19. Plaintiff opposed the motion. ECF Nos. 23, 25. For the reasons that follow, the undersigned recommends plaintiff’s claims based on disability discrimination, whistleblower retaliation, and age discrimination be dismissed for failure to state a claim upon which relief may be granted. Plaintiff also brought a race discrimination cause of action, which is not addressed in the motion to dismiss. I. Background A. Procedural Background Plaintiff…