James Coleman, Appellant v. Jeh Charles Johnson, Secretary of the United States Department of Homeland Security, Appellee

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United States Court of Appeals, District of Columbia Circuit.

James Coleman, Appellant v. Jeh Charles Johnson, Secretary of the United States Department of Homeland Security, Appellee

No. 15-5258

Decided: May 18, 2016

BEFORE: Rogers, Kavanaugh,* and Wilkins, Circuit Judges

ORDER

Upon consideration of the motion for summary affirmance, the opposition thereto, and the reply, it is

ORDERED that the motion for summary affirmance be granted with respect to Coleman's discrimination claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. The merits of the parties' positions on those claims are so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam). Coleman has failed to present sufficient evidence that would allow a reasonable jury to find that appellee's non-discriminatory reasons for its employment decision were pretext for discrimination. See Brady v. Office of Sergeant at Arms, 520 F.3d 490, 494 (D.C. Cir. 2008). It is

FURTHER ORDERED that the motion for summary affirmance be denied with respect to Coleman's retaliation claims. Because the court has determined that summary disposition of these claims is not in order, the Clerk is directed to calendar the remainder of this case for presentation to a merits panel.

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until resolution of the remainder of the appeal.

Per Curiam