Ronald Cherry v. Southern Refrigerated Trans.

Filing

PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Morris S. Arnold and Steven M. Colloton (UNPUBLISHED) [4477966] [15-3040]

United States Court of Appeals
For the Eighth Circuit
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No. 15-3040
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Ronald Cherry
lllllllllllllllllllll Plaintiff - Appellant
v.
Southern Refrigerated Transport
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Western District of Arkansas - Texarkana
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Submitted: December 2, 2016
Filed: December 9, 2016
[Unpublished]
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Before SMITH, ARNOLD, and COLLOTON, Circuit Judges.
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PER CURIAM.

Appellate Case: 15-3040

Page: 1

Date Filed: 12/09/2016 Entry ID: 4477966

Ronald Cherry appeals after the district court1 dismissed his Title VII
complaint as barred by the statute of limitation, 42 U.S.C. § 2000e-5(f)(1) (providing
90-day limitation period to run from notice of dismissal of charge of discrimination).
Both in the district court and on appeal, Mr. Cherry has maintained that equitable
tolling should be applied, in light of an earlier action that was dismissed without
prejudice. After carefully reviewing the record and the parties’ arguments on appeal,
we conclude that the district court’s decision was proper. See Richter v. Advance
Auto Parts, Inc., 686 F.3d 847, 851 (8th Cir. 2012) (explaining application of statute
of limitation); cf. Garfield v. J.C. Nichols Real Estate, 57 F.3d 662, 666 (8th Cir.
1995) (“A dismissal without prejudice does not toll a statute of limitation.”).
Accordingly, we affirm. See 8th Cir. R. 47B.
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1

The Honorable Susan O. Hickey, United States District Judge for the Western
District of Arkansas, adopting the report and recommendation of the Honorable Barry
A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
-2-

Appellate Case: 15-3040

Page: 2

Date Filed: 12/09/2016 Entry ID: 4477966