David McDowell v. Tankinetics, Inc., et al

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Raymond W. Gruender (UNPUBLISHED) [4037082] [12-3441]

United States Court of Appeals
For the Eighth Circuit
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No. 12-3441
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David H. McDowell
lllllllllllllllllllll Plaintiff - Appellant
v.
Tankinetics, Inc.; William K. Angle; Strand Composite Engineering &
Construction, LLC; St. Clair P. Guess, III; William F. Schwarz; Robert W. McManus
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Western District of Arkansas - Harrison
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Submitted: May 16, 2013
Filed: May 20, 2013
[Unpublished]
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Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges.
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PER CURIAM.

Appellate Case: 12-3441

Page: 1

Date Filed: 05/20/2013 Entry ID: 4037082

David McDowell appeals the district court’s1 dismissal of his employmentdiscrimination action as untimely. We agree with the court that the complaint is
untimely, because (1) it was filed well in excess of the applicable limitations period,
see 29 U.S.C. § 626(e); Hallgren v. United States Dep’t of Energy, 331 F.3d 588, 589
(8th Cir. 2003) (failure to file suit within 90 days of receiving notice of final agency
action renders employment-discrimination action untimely); (2) the prior state court
suit, which was removed to federal court and dismissed without prejudice, does not
save the instant suit from a dismissal for untimeliness, see Gerhardson v. Gopher
News. Co., 698 F.3d 1052, 1056 (8th Cir. 2012); and (3) McDowell failed to
demonstrate that he was entitled to equitable tolling, see Hallgren, 331 F.3d at 590.
The judgment is affirmed. See 8th Cir. R. 47B.
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1

The Honorable P.K. Holmes, III, Chief Judge, United States District Court for
the Western District of Arkansas.
-2-

Appellate Case: 12-3441

Page: 2

Date Filed: 05/20/2013 Entry ID: 4037082