Canlas

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RUBIO CANLAS, Case No. 20-cv-02470-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

U.S. DEPARTMENT OF THE Re: Dkt. No. 16 TREASURY, et al., Defendants.

Canlas’s Veteran’s Preference Act claim is dismissed for lack of subject matter jurisdiction, without leave to amend. His claim under the Veterans Employment Opportunities Act is dismissed for failure to state a claim, and that dismissal is with prejudice. His Equal Pay Act claim is dismissed for lack of subject matter jurisdiction, with leave to amend. His claims under Title VII are both dismissed for failure to state a claim, with leave to amend. A federal district court may only hear cases over which it has subject matter jurisdiction. When subject matter jurisdiction is challenged via a motion to dismiss under Rule 12(b)(1), the plaintiff bears the burden of proving that jurisdiction exists. When considering a motion to dismiss for failure to state a claim under Rule 12(b)(6), dismissal is appropriate only when the complaint does not give the defendant fair notice of a legally cognizable claim and the…