Emanuel Swinton v. Hansens Truck Salvage Inc., et al


PER CURIAM OPINION FILED - THE COURT: James B. Loken, Pasco M. Bowman and Diana E. Murphy (UNPUBLISHED) [4466781] [16-1470]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1470 ___________________________ Emanuel L. Swinton lllllllllllllllllllll Plaintiff - Appellant v. Hansens Truck Salvage Inc.; U-Pick-It lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: October 20, 2016 Filed: November 7, 2016 [Unpublished] ____________ Before LOKEN, BOWMAN, and MURPHY, Circuit Judges. ____________ PER CURIAM. Emanuel Swinton appeals the district court’s1 adverse grant of summary judgment in his pro se Title VII employment-discrimination action against his former 1 The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri. Appellate Case: 16-1470 Page: 1 Date Filed: 11/07/2016 Entry ID: 4466781 employer. We review de novo, see Spears v. Missouri Dep’t of Corr. & Human Res., 210 F.3d 850, 853 (8th Cir. 2000), and we agree with the district court that Swinton’s claims of race-based discriminatory discharge and retaliation are time-barred because he filed his lawsuit over seven months late. See 42 U.S.C. § 2000e-5(f)(1); Baldwin Cty. Welcome Ctr. v. Brown, 466 U.S. 147, 149 (1984) (per curiam) (Title VII plaintiff must file suit within 90 days of receiving right-to-sue letter from the Equal Employment Opportunity Commission). Contrary to Swinton’s assertion, the 90-day filing window applies equally to claims of race-based retaliation. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2- Appellate Case: 16-1470 Page: 2 Date Filed: 11/07/2016 Entry ID: 4466781

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