Sherry McDaniel v. Kraft Global Food

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Lavenski R. Smith (UNPUBLISHED) [4361850] [15-2275]

United States Court of Appeals
For the Eighth Circuit
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No. 15-2275
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Sherry McDaniel
lllllllllllllllllllll Plaintiff - Appellant
v.
Kraft Global Foods
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: January 13, 2016
Filed: February 1, 2016
[Unpublished]
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Before WOLLMAN, ARNOLD, SMITH, Circuit Judges.
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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.

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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.
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