Green v. Sessions et al

Filing 33

MEMORANDUM OPINION Signed by District Judge Leonie M. Brinkema on 05/01/2018. (acha, )

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

Alexandria Division

DAVID GREEN, JR.,
Plaintiff,
l:17-cv-01365-LMB-TCB

V.

JEFFERSON B. SESSIONS III, Attorney
General, U.S. Department of Justice, et al..
Defendants.
MEMORANDUM OPINION

Before the Court are the defendants' Motions to Dismiss for Lack of Jurisdiction and for

Failure to State a Claim [Dkt. Nos. 26 and 27] ("Defs. Mts. Dismiss"), to which plaintiff David
Green, Jr. ("plaintiff or "Green"), who is pro se. has filed an opposition, [Dkt. No. 30] ("PI.
Opp'n"). The defendants have filed a reply [Dkt. No. 31] ("Defs. Reply"), and the Court finds
thatoral argument will not assist the decisional process. Forthe reasons that follow, the

defendants' motions will be granted, and this civil action will be dismissed with prejudice.*
I.

BACKGROUND

Green, a former employee of the United States Department of Justice Executive Office of

Immigration Review ("EOIR"), has filed a six count Complaint against Jefferson B. Sessions III,
Attorney General of the United States ("Sessions"); Katherine H. Reilly, Acting Deputy

' Normally, dismissal ofapro se litigant's complaint under Fed. R. Civ. P. 12(b)(6) would be
without prejudice to allow the plaintiff to correct pleading deficiencies if he had more facts to

allege. The dismissal here will be with prejudice because Green attached to his Complaint
hundreds of pages of exhibits which include, but are not limited to, his various performance
appraisals, external email correspondence, the initial and final Department of Justice Equal
Employment Opportunity investigative reports and decisions, and much of the Merit Systems
Protection Board record. See generallv [Dkt. Nos. 1,13, 14]. Thoseexhibits contain no

additional facts which could remedy the Complaint's pleading deficiencies and, instead, strongly
support the conclusion that Green does not have a meritorious claim of being the victim of
discrimination or retaliation.