Dewayne Vesey Plaintiff - Appellant v. Midwest Janitorial Services, Inc. Defendant - Appellee

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United States Court of Appeals, Eighth Circuit.

Dewayne Vesey Plaintiff - Appellant v. Midwest Janitorial Services, Inc. Defendant - Appellee

No. 16-2891

    Decided: October 28, 2016

Before WOLLMAN, ARNOLD, and GRUENDER, Circuit Judges.

Dewayne Vesey appeals the district court's 1 dismissal of his pro se Title VII complaint against his former employer. The district court based the dismissal on 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.

FOOTNOTES

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

PER CURIAM.

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