Jimenez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARK JIMENEZ, No. 2:19-cv-01458-TLN-KJN Plaintiff, v. ORDER PETE BUTTIGIEG, SECRETARY OF

TRANSPORTATION,

15 Defendant.

17 This matter is before the Court on Defendant Pete Buttigieg, Secretary of the United 18 States Department of Transportation’s (“Defendant”) Motion to Dismiss. (ECF No. 34.) Plaintiff 19 Mark Jimenez (“Plaintiff”) filed an opposition. (ECF No. 35.) Defendant filed a reply. (ECF 20 No. 37.) For the reasons set forth below, the Court GRANTS Defendant’s Motion to Dismiss. 21 (ECF No. 34.) 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 I. FACTUAL AND PROCEDURAL BACKGROUND A detailed recitation of the factual and procedural history is not necessary for the disposition of Defendant’s motion as they are fully set forth in the Court’s previous Order. (ECF No. 32.) In short, this case concerns alleged employment discrimination based on national origin. Plaintiff identifies as a Hispanic male with “brown skin,” and worked for the U.S.…