Drevaleva
Drevaleva v. United States of America
Opinion
trial_court Opinion
INTRODUCTION
20 In this adverse employment action, defendants move to dismiss for lack of subject-matter 21 jurisdiction. For the reasons stated herein, the motion to dismiss the complaint is GRANTED. 22
STATEMENT
23 In April 2017, pro se plaintiff Tatyana Evgenievna Drevaleva began working at New 24 Mexico Veterans Affairs Medical Center (VAMC) as a probationary medical instrument 25 technician. In May 2017, she left for Russia and did not return for about three months. 26 Plaintiff subsequently received a termination notice for allegedly taking leave without 27 permission (Dkt. No. 1 at 29, 30). 28 1 In June 2018, she sued the United States Department of Veterans Affairs and Robert 2 Wilkie, Acting United States Secretary of Veterans Affairs, in an action entitled Drevaleva v. 3 U.S. Dep’t of Veterans Aff. and Robert Wilkie, No. C 18-03748 WHA. Plaintiff claimed 4 intentional infliction of emotional distress as well as gender, disability, and age discrimination. 5 An order dismissed those claims without leave to amend, holding that she had failed to state a 6 claim for relief (Case No. 18-03748, Dkt. Nos. 1; 154 at 3, 7, 8, 9). 7 One month before plaintiff…