UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

__________________________________________ ) JANET HOWARD, ) ) Plaintiff, ) ) v. ) Civil Action No. 08-0421 (PLF) ) CARLOS GUTIERREZ, Secretary, ) U.S. Department of Commerce, ) ) Defendant. ) __________________________________________)

ORDER

For the reasons stated in the Memorandum Opinion issued this same day, it is

hereby

ORDERED that defendant’s motion to dismiss plaintiff’s complaint pursuant to

Rule 12(b)(6) of the Federal Rules of Civil Procedure [13] is GRANTED; it is

FURTHER ORDERED that plaintiff’s complaint is dismissed without prejudice

for failure to state a claim; and it is

FURTHER ORDERED that the Clerk of this Court shall remove this case from

the docket of this Court. This is a final appealable order. See FED . R. APP . P. 4(a).

SO ORDERED.

/s/_______________________________ PAUL L. FRIEDMAN United States District Judge

DATE: March 3, 2009