Jimenez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARK JIMENEZ, No. 2:19-cv-01458-TLN-KJN Plaintiffs, v. ORDER THE HONORABLE PETE BUTTIEGIEG,

SECRETARY OF TRANSPORTATION,

15 Defendant. 16 17 This matter is before the Court on Defendant the Honorable Pete Buttiegieg, Secretary of Transportation’s (“Defendant”) Motion to Dismiss. (ECF No. 26.) Plaintiff Mark Jimenez (“Plaintiff”) filed an opposition. (ECF No. 29.) Defendant filed a reply. (ECF No. 30.) For the reasons set forth below, the Court GRANTS Defendant’s Motion to Dismiss with leave to amend. (ECF No. 26.) /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff worked for the United States Department of Transportation (“DOT”) and was terminated on or about October 10, 2018. (ECF No. 23 ¶¶ 5, 12.) Plaintiff identifies as being “of Hispanic descent” and having “brown skin.” (Id. at ¶ 5.) In January 2018, Plaintiff was one of three volunteers selected for temporary…