Bruce

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BRANDON SINCLAIR BRUCE, Case No.: 3:23-cv-00214-JES-JLB Plaintiff, ORDER GRANTING DEFENDANT’S

MOTION TO DISMISS

v.

XAVIER BECERRA, acting in his [ECF No. 9] official capacity as the Secretary of the 15 Department of Health and Human Services, Defendant. 18 Plaintiff Brandon Sinclair Bruce (“Plaintiff”) sued the Secretary of the U.S. Department of Health and Human Services (“Defendant”) alleging disability-based harassment and retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”) or the Rehabilitation Act of 1973 (“Rehabilitation Act”), without specifying which claim he is asserting under which statute. Before the Court is Defendant’s Motion to Dismiss Plaintiff’s Complaint, arguing, inter alia, that Plaintiff failed to demonstrate that he exhausted administrative remedies with the Equal Employment Opportunity Commission (“EEOC”). ECF No. 9. For the reasons elucidated below, this Court agrees. 27 28 …