Sherry McDaniel v. Kraft Global Foods ( 2016 )

United States Court of Appeals
For the Eighth Circuit
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No. 15-2275
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Sherry McDaniel
lllllllllllllllllllll Plaintiff - Appellant
v.
Kraft Global Foods
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: January 13, 2016
Filed: February 1, 2016
[Unpublished]
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Before WOLLMAN, ARNOLD, SMITH, Circuit Judges.
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PER CURIAM.
Sherry McDaniel appeals after the district court1 dismissed her Title VII
complaint as barred by the statute of limitations. Upon de novo review, we conclude
1
The Honorable M. Douglas Harpool, United States District Judge for the
Western District of Missouri.
that the dismissal was proper, as McDaniel’s own filings showed that she brought her
lawsuit more than ninety days after receiving a right-to-sue notice from the Equal
Employment Opportunity Commission, and tolling of the limitations period was not
warranted. See 42 U.S.C. § 2000e-5(f)(1) (setting forth 90-day limitations period);
Richter v. Advance Auto Parts, Inc., 686 F.3d 847, 851 (8th Cir. 2012) (explaining
application of statute of limitation); Garfield v. J.C. Nichols Real Estate, 57 F.3d 662,
666 (8th Cir. 1995) (discussing equitable tolling); see also Schaaf v. Residential
Funding Corp., 517 F.3d 544, 549 (8th Cir. 2008) (de novo standard of review).
Accordingly, we affirm. See 8th Cir. R. 47B.
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