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Abou-Hussein v. Mabus

United States District Court, District of Columbia

July 17, 2013

HAMDY ALEX ABOU-HUSSEIN, Plaintiff,
v.
RAYMOND EDWIN MABUS, JR., Secretary, United States Department of Navy, and NAVAL CRIMINAL INVESTIGATIVE SERVICES, Unknown Agents, Defendants

Page 252

[Copyrighted Material Omitted]

Page 253

[Copyrighted Material Omitted]

Page 254

HAMDY ALEX ABOU-HUSSEIN, Plaintiff, Pro se, N. Charleston, SC.

For RAYMOND EDWIN MABUS, JR., Secretary, United States Department of Navy, Defendant: William Mark Nebeker, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Civil Division, Washington, DC.

OPINION

Page 255

MEMORANDUM OPINION

REGGIE B. WALTON, United States District Judge.

Plaintiff Hamdy Alex Abou-Hussein, proceeding pro se, filed this action seeking relief for the alleged actions of his employer, the Department of the Navy, see Complaint (" Compl." ) ¶ ¶ 56-61, and unknown agents of the Naval Criminal Investigative Services (" NCIS" ), see id. at 1 (listing unknown NCIS agents in the caption). Currently before the Court is Defendant Raymond Edwin Mabus, Jr.'s (" the Secretary" ) motion to dismiss this case pursuant to various provisions of Federal Rule of Civil Procedure 12(b) or, in the alternative, for summary judgment. [1] Motion to Dismiss or, in the Alternative, for Summary Judgment (" Def.'s Mot." ) at 1. After carefully considering the plaintiff's complaint, the Secretary's motion to dismiss, and all memoranda of law relating to that motion, [2] the Court concludes for the reasons that follow that it must grant in part and deny in part the Secretary's motion to dismiss the claims against him.

I. BACKGROUND

The following factual allegations are taken from the plaintiff's complaint, and are accepted as true for the purpose of resolving the Secretary's motion as required by Federal Rule of Civil Procedure 12(b). The plaintiff began working for his current employer, the Space and Naval Warfare Systems Command (" Command" ) in Charleston, South Carolina, in September 2005. Compl. ¶ ¶ 1, 30. After settling an Equal Employment Opportunity Commission complaint against the Command in 2007, id. ¶ 37, the plaintiff was falsely accused of sexual harassment, id. ΒΆ 39, and was subjected to repeated " false espionage and terrorism ...


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