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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION

CHUNG SHIN Plaintiff, v. DONNA SHALALA, Secretary of the Department of Health and Human Services Defendant. Civil Action No. AW-99-916

MEMORANDUM OPINION Presently before the Court is Defendant's Motion to Dismiss, or in the alternative, Motion for Summary Judgment. With an opposition having been filed by Plaintiff Chung Shin ("Shin") and a reply filed by Defendant, the motion is ripe for resolution. No hearing is deemed necessary. See Local Rule 105.6 (D. Md.). Upon consideration of the motion and opposition thereto, and for the reasons stated below, the Court will treat Defendant's motion as a Motion for Summary Judgment and grant said motion. BACKGROUND Plaintiff, Chung Shin, is a Korean-American man who is employed by the Defendant, U.S. Department of Health and Human Services ("DHHS"). He is currently a Management Analyst (Team Leader) GS-343-14. Since 1993, Shin has applied for three announced GS-15 vacancies. Shin's claim in the instant case concerns his non-selection for the latest vacancy in 1996 for a position as

Manager, Special Initiatives, Program Support Center. The Complaint alleges that Plaintiff was not promoted to this GS-15 level managerial position despite the fact that he was more qualified than others being considered. Plaintiff claims he was ultimately denied the promotion to the position because of his race and national origin in violation of 42 U.S.C.

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