James T. Walker, Appellant v. Regina A. McCarthy, Administrator, United States Environmental Protection Agency, Appellee

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United States Court of Appeals, District of Columbia Circuit.

James T. Walker, Appellant v. Regina A. McCarthy, Administrator, United States Environmental Protection Agency, Appellee

No. 16-5192

Decided: January 03, 2017

BEFORE: Henderson, Tatel, and Srinivasan, Circuit Judges

ORDER

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

ORDERED that the motion for summary affirmance be granted. The merits of the parties' positions 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). Appellant has failed to show that a reasonable jury could infer discrimination or retaliation from appellee's failure to approve appellant's request to telework from Rochester, New York, for two years. See generally Brady v. Office of Sergeant at Arms, 520 F.3d 490, 494 (D.C. Cir. 2008); see Walker v. Johnson, 798 F.3d 1085, 1091 (D.C. Cir. 2015) (same burden-shifting framework applies to Title VII retaliation and discrimination claims).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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 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.

Per Curiam

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