Kuklok

Kuklok v. United States Department of Veterans Affairs

Good Law
United States District Court, Northern District of CaliforniaJuly 20, 20204:19-cv-02958California4,787 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRENDAN KUKLOK, Case No. 19-cv-02958-DMR

Plaintiff,

ORDER ON MOTION TO DISMISS

v. THIRD AMENDED COMPLAINT

UNITED STATES DEPARTMENT OF Re: Dkt. No.

VETERANS AFFAIRS,

11 Defendant. 12 Defendant United States Department of Veterans Affairs (the “VA”) moves pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) to dismiss pro se Plaintiff Brendan Kuklok’s third amended complaint (“TAC”). [Docket No. 42.] This matter is suitable for resolution without a hearing pursuant to Local Rule 7-1(b). For the following reasons, the motion is granted. I. BACKGROUND A. Factual Background Kuklok makes the following allegations in the TAC: Kuklok is a 65-year old Marine Corps veteran who was honorably discharged in 1973. TAC ¶ 11, Ex. 2. In 1981, he was “catastrophically injured” in an accident at a federally-funded oil pipeline in North Dakota. TAC ¶ 11. It appears that Kuklok requested workers…

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