McDonough

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MARVELL LAVY, No. 2:21-cv-01590 KJM AC PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS DENIS R. McDONOUGH, Secretary of U.S. Department of Veterans Affairs, 14 Defendant. 15 Plaintiff is proceeding in this matter pro se. Pre-trial proceedings were accordingly referred to the undersigned pursuant to Local Rule 302(c)(21). Id. Pending before the court is defendant’s motion to dismiss this case. ECF No. 6. Plaintiff opposes the motion. ECF No. 10. The matter was heard via zoom on January 26, 2022. ECF No. 13. For the reasons that follow, the undersigned recommends that defendant’s motion be GRANTED and that the complaint be DISMISSED, but that plaintiff be granted leave to file an amended complaint. I. BACKGROUND A. The Complaint Plaintiff seeks relief for alleged employment discrimination in violation of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990,…