Hopkins v. Department of Veterans Affairs et al

Filing 39

ORDER granting Defendant's 34 Second Motion to Dismiss by Judge Robert S. Lasnik. Plaintiff's claims are DISMISSED; Clerk directed to enter judgment in favor of defendant and against plaintiff. (AD)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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LEROY HOPKINS,

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Plaintiff,

Case No. C15-1918RSL
ORDER GRANTING SECOND
MOTION TO DISMISS

v.
ROBERT ALTON MCDONALD, Secretary,
Department of Veterans Affairs,
Defendant.

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This matter comes before the Court on “Defendant’s Second Motion to Dismiss.” Dkt.

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# 34. Plaintiff has not opposed defendant’s motion to dismiss, and the Court considers such a

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failure to be “an admission that the motion has merit.” Local Civil Rule 7(b)(2). The Court has

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also reviewed the record in this matter and finds that plaintiff’s second amended complaint fails

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to state cognizable claims under viable causes of action, and that plaintiff has failed to exhaust

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his administrative remedies as is required for claims lodged under Title VII, the Rehabilitation

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Act, and the ADEA. See 42 U.S.C. § 2000e-16(c); 29 C.F.R. § 1614. Defendant’s motion is

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therefore GRANTED, and plaintiff’s claims are hereby DISMISSED. The Clerk of Court is

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directed to enter judgment in favor of defendant and against plaintiff.

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ORDER GRANTING SECOND MOTION TO DISMISS - 1

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Dated this 7th day of November, 2016.

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A
Robert S. Lasnik
United States District Judge

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ORDER GRANTING SECOND MOTION TO DISMISS - 2