Sims v. Cedar Park Elementary

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 04-2637
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Juanita Sims, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Cedar Park Elementary, *
* [UNPUBLISHED]
Appellee. *
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Submitted: October 7, 2005
Filed: October 20, 2005
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Before MURPHY, COLLOTON, and BENTON, Circuit Judges.
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PER CURIAM.
Juanita Sims filed a motion to reconsider more than ten days after dismissal of
her Title VII action as untimely, attaching her right-to-sue letter from the Equal
Employment Opportunity Commission (EEOC). The district court1 denied her
motion, and Sims appeals. Liberally construing her motion to reconsider as a Federal
Rule of Civil Procedure 60(b) motion, we conclude the district court did not abuse its
discretion in denying reconsideration. See Sanders v. Clemco Indus., 862 F.2d 161,
164-65, 169 (8th Cir. 1988) (construing reconsideration motion filed more than 10
1
The Honorable Susan Webber Wright, United States District Judge for the
Eastern District of Arkansas.
days after entry of judgment under Rule 60(b); appeal from denial of Rule 60(b)
motion does not raise underlying judgment for review, and review is for abuse of
discretion); Brooks v. Ferguson-Florissant Sch. Dist., 113 F.3d 903, 904-05 (8th Cir.
1997) (where Title VII action was dismissed as untimely in light of date alleged for
receipt of EEOC right-to-sue letter, it was not abuse of discretion to deny plaintiff’s
reconsideration motion, in which he attempted to correct date by referring to mailing
date of EEOC letter; “while [plaintiff] represented himself and may have had
difficulty with procedural rules, the motion to dismiss provided him notice that the
receipt date was critical”).
Accordingly, we affirm.
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