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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND FELICIA WATKINS v. FRANCIS J. HARVEY * * * Civil No. JFM-06-2728 * * ***** MEMORANDUM

Plaintiff has brought this action for employment discrimination. Defendant has filed a motion to dismiss or for summary judgment. The motion will be treated as one for summary judgment and, as such, will be granted. Plaintiff's claims are entirely without merit, and only a brief statement of the reasons for my ruling are necessary. First, to the extent that plaintiff is asserting a free-standing claim based upon defendant's failure to issue her a performance evaluation in 2003, the claim is untimely. Plaintiff did not seek counseling in regard to that claim until July 2004, and plaintiff had suspected that her evaluation was being wrongfully delayed by late 2003. Under the applicable regulation, 29 C.F.R.

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