Shulkin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TASHIA CHANNEL, No. 2:18-cv-02414 MCE AC (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS ROBERT WILKIE, 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). The case is before the court on defendant’s motion to dismiss under Rule 12(b)(1), or, alternatively, for summary judgment. ECF Nos. 59 (defendant’s motion), 60 (plaintiff’s opposition), 62 (defendant’s reply), 63 (plaintiff’s second opposition). For the reasons that follow, the undersigned recommends that defendant’s motion to dismiss be GRANTED without leave to amend for failure to exhaust. I. BACKGROUND A. Allegations of the Complaint Plaintiff is a former employee of the Northern California Health Care System operated by the Department of Veterans Affairs (“VA”). ECF No. 32 at 3. The Third Amended Complaint…