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Melvin Porter appeals the district courts grant of summary judgment to the defendant on his 14-count complaint alleging various acts of retaliation and race and sex discrimination by his employer, the United States Agency for International Development (USAID). Porter v. Fulgham, 601 F. Supp. 2d 205 (D.D.C. 2009) (Porter II Mem. Op.). We affirm the courts judgment on Counts I-IV because we agree that Porter failed to rebut USAIDs legitimate reasons for not promoting him to two positions, Counts VIII and X based on res judicata and Count XII because the alleged retaliatory performance assessment did not constitute a materially adverse employment action. We reverse the district courts judgment on Counts V and VI because a reasonable juror could conclude that Porter was substantially more qualified for the position of Deputy Chief in the Personnel Operations Division than the person selected to fill it and on Count XIV because the unfavorable interim performance assessment of Porter was a materially adverse employment action.