Jim Lee, Appellant v. United States Agency for International Development and National Oceanic and Atmospheric Administration, Appellees (2017)

ORDER

Upon consideration of the motion for summary affirmance, the court's order to show cause filed December 14, 2016, the response thereto, and the supplements to the response, it is

ORDERED that the order to show cause be discharged. It is

FURTHER ORDERED that, in accordance with the opinion of the court filed herein on this date, the motion for summary affirmance be granted. The district court's August 29, 2016 order is modified, however, to specify that the Title VII claim against the National Oceanic and Atmospheric Administration is dismissed without prejudice.

The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.

FOR THE COURT:

Mark J. Langer, Clerk

BY: Ken Meadows

Deputy Clerk

Per Curiam