Freeman

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 BENNIE FREEMAN, No. 2:19-cv-02418 KJM CKD (PS) 11 Plaintiff, 12 v. FINDINGS AND RECOMMENDATIONS 13 COUNTY OF SACRAMENTO DEPT. OF

HUMAN ASSISTANCE,

14 Defendant. 15 16 Plaintiff, proceeding pro se, has filed a First Amended Complaint (“FAC”, ECF No. 21) 17 after his original complaint was dismissed for failure to state claim. (See ECF No. 17.) Plaintiff 18 claims he was discriminated against in violation of Title VII and the California Fair Employment 19 and Housing Act (Gov. Code § 12900 et. seq.) (“FEHA”) by being denied promotional 20 opportunities due to his race. 21 Before the court is defendant’s motion to dismiss the FAC, which is fully briefed. (ECF 22 Nos. 22, 23, 25.) On September 16, 2020, pursuant to Local Rule 230(g), the undersigned took 23 the matter under submission. (ECF No. 26.) 24 In order to survive dismissal for failure to state a claim pursuant to Rule 12(b)(6), a 25 complaint must contain more than a “formulaic recitation of the elements…