Benson v. Hinman

Filing 920071203

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-1629

NIDELKA BENSON, Plaintiff - Appellant, versus MRS. MARY HINMAN; MRS. GAIL FORD; MRS. CAROL EWING, Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:06-cv-00825-REP)

Submitted:

November 16, 2007

Decided:

December 3, 2007

Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Nidelka Benson, Appellant Pro Se. Gary M. Nuckols, Andrew Philip Sherrod, HIRSCHLER, FLEISCHER, Richmond, Virginia; Walter Jervis Sheffield, WALTER J. SHEFFIELD, ATTORNEY AT LAW PC, Fredericksburg, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Nidelka Benson appeals the district court's order

accepting the recommendation of the magistrate judge and granting Defendants' motions to dismiss her complaint brought under the Fair Labor Standards Act, 29 U.S.C.A. §§ 201-219 ("FLSA") (West 1998 & Supp. 2007). We have reviewed the record and find Benson's

claims, filed more than three years after their accrual, barred by the FLSA's statute of limitations. See 29 U.S.C. § 255(a) (1998).

We further find the district court did not abuse its discretion in refusing therefore to equitably the toll the statute court's of limitations. of We

affirm

district

dismissal

Benson's

complaint on this ground.

We dispense with oral argument because

the facts and legal contentions are adequately addressed in the materials before the court and argument would not aid the

decisional process. AFFIRMED

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