Dalibor Baloun, Appellant v. Rex W. Tillerson, in his official capacity as Secretary of the U.S. Department of State, Appellee

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United States Court of Appeals, District of Columbia Circuit.

Dalibor Baloun, Appellant v. Rex W. Tillerson, in his official capacity as Secretary of the U.S. Department of State, Appellee

No. 17-5094

Decided: November 08, 2017

BEFORE: Henderson, Kavanaugh, and Millett, Circuit Judges

ORDER

Upon consideration of the motion for summary affirmance and the response thereto; and the court's order to show cause filed August 16, 2017 and the response thereto, it is

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

FURTHER 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). As a non-citizen who was employed abroad, appellant is precluded from bringing a Title VII claim against his employer. See 42 U.S.C. ยง 2000e-1(a); see also Shekoyan v. Sibley Int'l, 409 F.3d 414, 421-22 (D.C. Cir. 2005).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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