(PS)Fitten

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 11 STEVEN M. FITTEN, No. 2:21-cv-00513 TLN AC (PS) Plaintiff, v. ORDER and JOHN E. WHITLEY, Acting Secretary of FINDINGS AND RECOMMENDATIONS the Army, 16 Defendant.

18 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 the complaint as time barred. ECF No. 6. Plaintiff filed an opposition to the motion (ECF No. 11), a motion to amend his opposition (ECF No. 12), and a motion for leave to file a surreply (ECF No. 15). The undersigned grants plaintiff’s motions at ECF Nos. 12 and 15, and has considered all briefing submitted in relation to the statute of limitations issue. For the reasons set forth below, defendant’s motion to dismiss (ECF No. 6) should be granted. I. ALLEGATIONS OF THE COMPLAINT Pro se plaintiff Steven M. Fitten is an attorney who brings suit…