(PS) Moreno v. Austin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RODNEY MORENO, No. 2:22–cv–1719–KJM–KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS WITHOUT LEAVE TO AMEND

v. (ECF No. 5.) LLOYD J. AUSTIN, III, Secretary, U.S. Department of Defense, 15 Defendant. 16 Plaintiff, who proceeds without counsel in this action, asserts multiple employment discrimination claims in connection with his employment at Defense Logistics Agency. (ECF No. 1.) Defendant Austin, the current U.S. Defense Secretary, now moves for dismissal of all claims, arguing: (A) the court does not have subject matter jurisdiction to hear any procedural due process claims tied to plaintiff’s suspension; and (B) the discrimination, retaliation, and hostile work environment claims are insufficiently pleaded. (ECF Nos. 5, 7.) Plaintiff opposes, arguing his claims are sufficiently pleaded and legally sufficient. (ECF No. 6.) For the reasons that follow, plaintiff’s claims in the complaint should be dismissed and leave to amend…