(PS) Shoaga v. Nelson III

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAIMI SHOAGA, No. 2:21-cv-01953 DAD CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS CALIFORNIA HEALTH CARE

MEDICAL FACILITY,

15 Defendant.

17 In this fee-paid action, plaintiff Shoaga, proceeding pro se, asserts a Title VII failure to promote claim against defendant California Healthcare Medical Facility (CHMF). After his first two amended complaints were dismissed2, plaintiff’s Third Amended Complaint is now before the court. (ECF No. 35, TAC.) Defendant has moved to dismiss the TAC, and the motion is fully briefed and submitted on the papers. (ECF Nos. 36, 38, 40, 41 & 42.) For the reasons set forth below, the undersigned will recommend that defendant’s motion be granted. ////

1 On January 25, 2023, codefendant Andrew Nelson III was dismissed from this action. (ECF 26 No. 34.) 27 2 Plaintiff filed a First Amended Complaint shortly after his original complaint, superseding it, such that the FAC was the first pleading…