Miller v. Gruenberg

Filing 34

MEMORANDUM OPINION GRANTING defendant Martin Gruenberg's 23 Motion to Dismiss Plaintiff's Second Amended complaint for lack of subject matter jurisdiction and for failure to state a claim, WITH PREJUDICE, and the Complaint is DISMISSED WITH PREJUDICE. /s/ by District Judge Liam O'Grady on 3/31/17. (tbul, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

Robert M. Me.ler,

Plaintiff,
Civil Action No. l;16-cv-856

MARTtN J. GRUENBERG,

Chairman, Federal Deposit Insurance Corp.,
Defendant.

MEMORANDUM OPINION

This matter comes before the Court on Defendant Martin Gruenberg's Motion to Dismiss

Plaintiffs Second Amended Complaint ("SAC") for lack of subject matter jurisdiction and for
failure to state a claim. Dkt. No. 23. Defendant argues that the Court lacks jurisdiction over
certain claims in the SAC and that Plaintiff fails to set forth a claim on which relief can be

granted on the remainder of his numerous express and implied causes of action. Plaintiff Robert
Miller, proceeding pro se, filed the SAC against his former employer, the Federal Deposit
Insurance Corporation ("FDIC"), alleging violations of Title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act, and the Civil Service Reform Act ("CSRA").

Specifically, Plaintiff contends that FDIC officials discriminated against him through nonselection for a number of promotions and special duties, because of his age, race, sex, and
disabilities. Plaintiff also contends that he was retaliated against for prior protected Equal

Employment Opportunity activity and that he was subject to a hostile work environment. For the
reasons discussed below, the Court GRANTS Defendant's Motion and the Second Amended

Complaint is DISMISSED WITH PREJUDICE.