Berger v. Roche

OPINION AND ORDER

HOLMES, District Judge.'

James G. Roche, Secretary, Department of the Air Force, has filed a motion to dismiss , for lack of jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. The plaintiff, Wayne Berger, has responded. In his response, Berger asks the Court to strike the motion to dismiss as untimely and enter default judgment. For the reasons hereinafter provided, the motion to dismiss (Docket #20) is GRANTED, and the motion to strike (Docket # 28) is DENIED.

Berger, an African-American male, was an Air National Guard Technician at the Little Rock…