GASKIN v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS

Filing 4

MEMORANDUM OPINION filed. Signed by Judge Mary L. Cooper on 11/22/2013. (mmh)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
RAWLE GASKIN,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF
VETERANS AFFAIRS,
Defendant.

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CIVIL ACTION NO. 13-5686 (MLC)
MEMORANDUM OPINION

THE PLAINTIFF asserts in this action that he was wrongfully
terminated from federal employment in violation of the Family and
Medical Leave Act (“FMLA”).

(See dkt. entry no. 1, Compl.)

The

Court ordered the plaintiff to show cause why the Complaint should
not be dismissed for lack of subject-matter jurisdiction, as
federal employees: (1) are barred from bringing a private cause
of action under the FMLA against federal employers; and (2) must
first seek relief against federal employers for FMLA violations
through an administrative grievance process that includes, inter
alia, proceedings before the Merit Systems Protection Board and
potential subsequent judicial review.

(See dkt. entry no. 3,

Order to Show Cause at 1-3 (citing relevant case law).)
THE COURT ordered that the plaintiff would be deemed to be
in support of dismissal of the Complaint if the plaintiff did not
respond to the Order to Show Cause by November 21, 2013.
3.)

The plaintiff has not responded.

(Id. at

Therefore, the Court will

(1) grant the Order to Show Cause, and (2) dismiss the Complaint.
The Court will issue an appropriate order and judgment.

s/ Mary L. Cooper
MARY L. COOPER
United States District Judge
Dated: November 22, 2013

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