(PS) Robbins v. Merit Systems Protection Board

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEANNA ROBBINS, No. 2:21-CV-0621-KJM-DMC Plaintiff, v. FINDINGS AND RECOMMENDATIONS MERIT SYSTEMS PROTECTION

BOARD,

15 Defendant.

17 Plaintiff, who is proceeding pro se, brings this civil action seeking judicial review of a final decision of the United States Equal Employment Opportunity Commission (EEOC). Pending before the Court is Defendant’s motion to dismiss, ECF No. 12. Plaintiff has filed an opposition, ECF No. 14, and Defendants has replied, ECF No. 16. The matter was submitted without oral argument on the briefs and record. For the reasons discussed below, the Court agrees with Defendant that the complaint should be dismissed with leave to amend to name the proper defendant pursuant to statute. In her complaint, Plaintiff names in the caption “Merit Systems Protection Board Director Position Vacant.” ECF No. 1, pg. 1. In section I.B., Plaintiff names William D. Spencer as the “Clerk of the Board.” …