Williams v. Court Services & Offender Supervision Agency
772 F. Supp. 2d 186
D.D.C.2011Background
- Pro se plaintiff Williams sues CSOSA and several officials alleging Title VII sex discrimination and retaliation.
- Williams’ MSPB appeal followed termination; MSPB administrative judge affirmed, full MSPB board denied June 20, 2008.
- Final MSPB order advised Williams he could file suit in district court within 30 days under 5 U.S.C. § 7703(b).
- Williams received the denial allegedly on June 27, 2008; he filed an improper July 28, 2008 complaint and a petition to proceed IFP, denied August 5, 2008.
- Williams filed a proper complaint on September 4, 2008 and paid the filing fee on September 5, 2008.
- Defendants moved to dismiss under Rule 12(b)(6) for failure to timely file, arguing untimeliness with no equitable tolling warranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the § 7703(b)(2) filing period is timely for a mixed-case MSPB appeal. | Williams contends timely under §7703(b). | Defendants argue untimely filing. | Untimely under statute; no tolling found. |
| Whether equitable tolling applies to save Williams’ late filing. | Williams asserts diligence and notice justify tolling. | Defendants argue lack of diligence and no prejudice. | No equitable tolling; untimely filing stands. |
| What is the effect of notice receipt timing on the tolling analysis? | Plaintiff claims receipt on June 27, 2008. | Court finds receipt date unclear; presumes August 8 receipt for tolling. | Tolling period resumed August 8, 2008 and expired August 11, 2008; filing still untimely. |
Key Cases Cited
- King v. Dole, 782 F.2d 274 (D.C. Cir. 1986) (30-day period not subject to equitable tolling under § 7703(b)(2))
- Irwin v. Dep’t of Veterans Affairs, 493 U.S. 89 (Supreme Court 1990) (federal timeliness deadlines presumed subject to equitable tolling)
- Baker v. Henderson, 150 F. Supp. 2d 17 (D.D.C. 2001) (equitable tolling where clerk’s delay prejudiced defendant; diligent filing shown)
- Cox v. Consol. Rail Corp., 557 F. Supp. 1261 (D.D.C. 1983) (timeliness tolled where defective filing and timely notice to defendant)
- Wilkins v. Daley, 49 F. Supp. 2d 1 (D.D.C. 1999) (pro se plaintiff must show diligence to invoke tolling)