Dewayne Vesey v. Midwest Janitorial Service

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Raymond W. Gruender (UNPUBLISHED) [4463820] [16-2891]

United States Court of Appeals
For the Eighth Circuit
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No. 16-2891
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Dewayne Vesey
lllllllllllllllllllll Plaintiff - Appellant
v.
Midwest Janitorial Services, Inc.
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Southern District of Iowa - Davenport
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Submitted: October 25, 2016
Filed: October 28, 2016
[Unpublished]
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Before WOLLMAN, ARNOLD, and GRUENDER, Circuit Judges.
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PER CURIAM.
Dewayne Vesey appeals the district court’s1 dismissal of his pro se Title VII
complaint against his former employer. The district court based the dismissal on
1

The Honorable John A. Jarvey, Chief Judge, United States District Court for
the Southern District of Iowa.

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Vesey’s failure to bring his action within 90 days after receiving a right-to-sue letter.
On appeal, Vesey suggests that equitable tolling should have applied.
Upon careful review, we conclude that the dismissal was proper, and that
equitable tolling was not warranted. See 42 U.S.C. § 2000e-5(f)(1) (90-day
requirement); Richter v. Advance Auto Parts, Inc., 686 F.3d 847, 851 (8th Cir. 2012)
(in Title VII action, if agency dismisses charge and notifies complainant of right to
sue, then complainant has 90 days to bring civil action in federal court); see also
Baldwin Cty. Welcome Ctr. v. Brown, 466 U.S. 147, 148 & n.1 (1984) (per curiam)
(claimant was presumed to have received notice 3 days after its issuance); Hallgren
v. U.S. Dep’t of Energy, 331 F.3d 588, 590 (8th Cir. 2003) (discussing grounds for
equitable tolling).
Accordingly, we affirm. See 8th Cir. R. 47B.
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Date Filed: 10/28/2016 Entry ID: 4463820