Opinion
No. 08-5037.
Filed On: September 3, 2008.
BEFORE: Sentelle, Chief Judge, and Henderson and Brown, Circuit Judges.
ORDER
Upon consideration of the motion for summary reversal, and the opposition thereto; and the motion for summary affirmance, and the opposition thereto, it is
ORDERED that the motion for summary affirmance be granted and the motion for summary reversal be denied. 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 failed to raise a genuine issue of material fact as to whether his employer's actions relating to the storage of his belongings in the library without his knowledge were "materially adverse," and thus the district court properly granted summary judgment on appellant's discrimination and retaliation claims. See Burlington Northern and Santa Fe. Ry. Co. v. White, 548 U.S. 53, 68 (2006);Forkkio v. Powell, 306 F.3d 1127, 1131 (D.C. Cir. 2002).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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.