Thomas

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

KIESHA RENEE THOMAS, Case No. 19-cv-05712-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

KEVIN K. MCALEENAN,

Defendant.

The government’s motion to dismiss is granted. 1. In the latest version of the complaint, Thomas still does not allege facts that give rise to a plausible claim for discrimination on the basis of race or age. See Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. 2011). Thomas appears to rest her claims entirely on a comparison to a younger, white co-worker, but the complaint’s allegations, if true, would show that Thomas and her co- worker were not similarly situated. Thomas’s firing, as far as the complaint alleges, was based on an incident in which only Thomas, and not her co-worker, was accused of making a mistake with the x-ray machine. Nor does the complaint contain any other allegations that would permit the inference that Thomas’s firing was based on race or age. Cf. Austin v. University of Oregon, 925 F.3d 1133, 1138 (9th Cir. 2019) (“Just saying so is not enough.”). For example, the complaint contains no allegation about conduct or statements by…