Blue

John Blue, an African-American male and disabled veteran, applied for a civilian intelligence position with the Air Force and was not selected. The district court. dismissed Counts II, III, and IV of Blue’s complaint, which alleged violations of veteran’s preference and merit system principles in the selection process, on the grounds that the court lacked subject matter jurisdiction due to Blue’s failure to point to a waiver of sovereign immunity and, alternatively, that Blue failed to state a claim for which relief could be granted. The court then granted summary judgment in favor of the Air Force on Count I, Blue’s Title VII race/color discrimination claim, on the ground that Blue failed to present sufficient evidence that the Air Force’s proffered explanation for Blue’s non-selection was pretextual. Blue appeals the district court’s dismissal of Counts II-IV and its grant of summary judgment on Count I. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I. Dismissal of Counts II-IV

The district court dismissed Counts II-IV of Blue’s complaint on the grounds that it lacked subject matter jurisdiction and, alternatively, that Blue failed to state a claim for which…