Ronald Cherry v. Southern Refrigerated Trans.


PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Morris S. Arnold and Steven M. Colloton (UNPUBLISHED) [4477966] [15-3040]

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for the Western District of Arkansas - Texarkana ____________ Submitted: December 2, 2016 Filed: December 9, 2016 [Unpublished] ____________ Before SMITH, ARNOLD, and COLLOTON, Circuit Judges.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

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?