(PS) Peoples v. Navy Board Annex

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY D. PEOPLES, JR., No. 2:19-cv-02253 TLN AC PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS NAVY BOARD ANNEX, 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) and Rule 12(b)(6). ECF Nos. 20 (defendant’s motion), 24 (plaintiff’s opposition). For the reasons that follow, the undersigned recommends that defendant’s motion to dismiss be GRANTED without leave to amend. I. BACKGROUND A. Allegations of the Complaint The complaint alleges that the Department of the Navy’s Board for Correction of Naval Records erred by denying plaintiff’s application to upgrade his discharge from “Other Than Honorable by Reason of Misconduct” in a decision from August 2000. ECF No. 1 at 2, 10-11. 27 Plaintiff…