Vizcarrondo v. Board of Trustees ( 1997 )


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  • [NOT FOR PUBLICATION]
    UNITED STATES COURT OF APPEALS
    FOR THE FIRST CIRCUIT
    No. 97-1517
    ROBERTO VIZCARRONDO,
    Plaintiff, Appellant,
    v.
    BOARD OF TRUSTEES OF THE UNIVERSITY OF PUERTO RICO, ET AL.,
    Defendants, Appellees.
    APPEAL FROM THE UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF PUERTO RICO
    [Hon. Hector M. Laffitte, U.S. District Judge]
    Before
    Selya, Boudin and Lynch,
    Circuit Judges.
    Roberto Vizcarrondo on brief pro se.
    Gustavo  A.  Gelpi and  Feldstein,  Gelpi  & Gotay  on  brief  for
    appellee Board of Trustees of the University of Puerto Rico.
    December 8, 1997
    Per  Curiam.    Pro se  plaintiff  Roberto  Vizcarrondo
    appeals a district  court judgment that dismissed  his claims
    for employment discrimination as time-barred.  This court has
    thoroughly reviewed  the record  and the  parties' briefs  on
    appeal.   We conclude that  the district court's  judgment is
    correct.   Plaintiff's  allegations wholly  fail  to state  a
    claim  for a  continuing violation.  See,  e.g., Morrison  v.
    Carleton Woolen  Mills, Inc.,  
    108 F.3d 420
    ,  443 (1st  Cir.
    1997)); De Leon Otero v. Rubero, 
    820 F.2d 18
    , 19-20 (1st Cir.
    1987); Collins v.  United Air Lines, Inc., 
    514 F.2d 594
    , 596
    (9th Cir. 1975)(refusal to reinstate employee does not render
    initial violation a  continuing one).  Plaintiff  has further
    failed   to  support   his  claim   for   equitable  tolling.
    Accordingly,  the judgment of the district court is summarily
    affirmed.  See Local Rule 27.1.1
    1
    1As we conclude that the district court's dismissal was in
    1
    all respects correct  on the merits, we need  not resolve the
    appellees' contention that this court lacks jurisdiction over
    plaintiff's appeal.   See United  States v. Stoller,  
    78 F.3d 710
     (1st Cir.), cert. dismissed, 
    117 S.Ct. 378
     (1996).
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