Ahmed

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EHAB AHMED, Case No. 22-cv-04365-TSH

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

CHRISTINE WORMUTH, SECRETARY, DEPARTMENT OF THE ARMY, Re: Dkt. No. 27 11 Defendant. 12 I. INTRODUCTION Pending before the Court is Defendant Christine Wormuth’s Motion to Dismiss pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). ECF No. 27. Plaintiff Ahmed filed an Opposition (ECF No. 29) and Wormuth filed a Reply (ECF No. 30). For the reasons stated below, the Court GRANTS IN PART AND DENIES IN PART the motion.1 II. BACKGROUND A. Factual Background Plaintiff Ahmed is a resident of Monterey County, California. ECF No. 25 ¶ 1. Christine Wormuth, Secretary for the Department of the Army, is named in her official capacity. Id. ¶ 2. Ahmed is fifty years old, African, and Sunni Muslim. Id. ¶ 6. He is also from Egypt. Id. …