History
  • No items yet
midpage
Dewayne Vesey v. Midwest Janitorial Services
669 F. App'x 825
| 8th Cir. | 2016
|
Check Treatment
|
Docket

*1 Before WOLLMAN, ARNOLD, and GRUENDER, Circuit Judges.

____________

PER CURIAM.

Dewayne Vesey appeals the district court’s dismissal of his pro se Title VII [1] complaint against his former employer. The district court based the dismissal on *2 Vesey’s failure to bring his action within 90 days after receiving a right-to-sue letter. On appeal, Vesey suggests that equitable tolling should have applied.

Upon careful review, we conclude that the dismissal was proper, and that equitable tolling was not warranted. See 42 U.S.C. § 2000e-5(f)(1) (90-day requirement); Richter v. Advance Auto Parts, Inc. , 686 F.3d 847, 851 (8th Cir. 2012) (in Title VII action, if agency dismisses charge and notifies complainant of right to sue, then complainant has 90 days to bring civil action in federal court); see also Baldwin Cty. Welcome Ctr. v. Brown , 466 U.S. 147, 148 & n.1 (1984) (per curiam) (claimant was presumed to have received notice 3 days after its issuance); Hallgren v. U.S. Dep’t of Energy , 331 F.3d 588, 590 (8th Cir. 2003) (discussing grounds for equitable tolling).

Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

-2-

[1] The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa.

Case Details

Case Name: Dewayne Vesey v. Midwest Janitorial Services
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Oct 28, 2016
Citation: 669 F. App'x 825
Docket Number: 16-2891
Court Abbreviation: 8th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.