Sherry McDaniel v. Kraft Global Food


PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Lavenski R. Smith (UNPUBLISHED) [4361850] [15-2275]

Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2275 ___________________________ Sherry McDaniel lllllllllllllllllllll Plaintiff - Appellant v. Kraft Global Foods lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: January 13, 2016 Filed: February 1, 2016 [Unpublished] ____________ Before WOLLMAN, ARNOLD, SMITH, Circuit Judges. ____________ PER CURIAM. Sherry McDaniel appeals after the district court1 dismissed her Title VII complaint as barred by the statute of limitations. Upon de novo review, we conclude 1 The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri. Appellate Case: 15-2275 Page: 1 Date Filed: 02/01/2016 Entry ID: 4361850 that the dismissal was proper, as McDaniel’s own filings showed that she brought her lawsuit more than ninety days after receiving a right-to-sue notice from the Equal Employment Opportunity Commission, and tolling of the limitations period was not warranted. See 42 U.S.C. § 2000e-5(f)(1) (setting forth 90-day limitations period); Richter v. Advance Auto Parts, Inc., 686 F.3d 847, 851 (8th Cir. 2012) (explaining application of statute of limitation); Garfield v. J.C. Nichols Real Estate, 57 F.3d 662, 666 (8th Cir. 1995) (discussing equitable tolling); see also Schaaf v. Residential Funding Corp., 517 F.3d 544, 549 (8th Cir. 2008) (de novo standard of review). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2- Appellate Case: 15-2275 Page: 2 Date Filed: 02/01/2016 Entry ID: 4361850

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?