(PS) Robbins v. Merit Systems Protection Board
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEANNA ROBBINS, No. 2:21-CV-0621-KJM-DMC Plaintiff,
FINDINGS AND RECOMMENDATIONS
v. 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 renewed motion to dismiss this action pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject-matter jurisdiction, ECF No. 28. Plaintiff did not file an opposition. A motion under Rule 12(b)(1) challenges a federal court’s jurisdiction to decide claims alleged in the complaint. See Fed. R. Civ. P. 12(b)(1). The motion may be a factual attack that looks beyond the pleadings to challenge “the substance of a complaint’s jurisdictional allegations despite their formal sufficiency.” White v. Lee, 227 F.3d 1214, 1242 (9th Cir. 2000); St. Clair v. City of Chico, 880 F.2d 199, 201…