DocketNumber: 12-3441
Citation Numbers: 505 F. App'x 613
Judges: Bowman, Gruender, Per Curiam, Wollman
Filed Date: 5/20/2013
Status: Non-Precedential
Modified Date: 8/6/2023
United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3441 ___________________________ David H. McDowell lllllllllllllllllllll Plaintiff - Appellant v. Tankinetics, Inc.; William K. Angle; Strand Composite Engineering & Construction, LLC; St. Clair P. Guess, III; William F. Schwarz; Robert W. McManus lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Arkansas - Harrison ____________ Submitted: May 16, 2013 Filed: May 20, 2013 [Unpublished] ____________ Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges. ____________ PER CURIAM. David McDowell appeals the district court’s1 dismissal of his employment- discrimination action as untimely. We agree with the court that the complaint is untimely, because (1) it was filed well in excess of the applicable limitations period, see 29 U.S.C. § 626(e); Hallgren v. United States Dep’t of Energy,331 F.3d 588
, 589 (8th Cir. 2003) (failure to file suit within 90 days of receiving notice of final agency action renders employment-discrimination action untimely); (2) the prior state court suit, which was removed to federal court and dismissed without prejudice, does not save the instant suit from a dismissal for untimeliness, see Gerhardson v. Gopher News. Co.,698 F.3d 1052
, 1056 (8th Cir. 2012); and (3) McDowell failed to demonstrate that he was entitled to equitable tolling, see Hallgren, 331 F.3d at 590. The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable P.K. Holmes, III, Chief Judge, United States District Court for the Western District of Arkansas. -2-