Wood v. Management

U.S. Court of Appeals for the First Circuit

Wood v. Management

Opinion

USCA1 Opinion









December 8, 1993
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 93-1437

JESSICA D. WOOD,

Plaintiff, Appellee,

v.

MANAGEMENT SEARCH CORPORATION,

Defendant, Appellee.


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APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Frank H. Freedman, U.S. District Judge]
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Before

Cyr, Boudin and Stahl,
Circuit Judges.
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Jessica D. Wood on brief pro se.
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Debra I. Lerner and Long, Racicot & Bourgeois on brief for
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appellee.


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Per Curiam. Plaintiff Jessica D. Wood appeals the
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dismissal of her Title VII claim as not timely filed. We

find no error and affirm essentially for the reasons stated

in the district court's memorandum and order dated March 17,

1993. Wood admittedly received the Equal Employment

Opportunity Commission's determination and 90-day right-to-

sue notice on September 21, 1990. This complaint was filed

91 days later, on December 21, 1990. Compliance with the

Title VII time for filing a federal suit, 42 U.S.C. 2000e-

5(f)(1), is a statutory prerequisite: a complaint must be

filed within 90 days of receipt of the EEOC right-to-sue
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letter. "In the absence of a recognized equitable

consideration, the court cannot extend the limitation period

by even one day." Rice v. New England College, 676 F.2d 9,
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11 (1st Cir. 1982); see also Peete v. American Standard
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Graphic, 885 F.2d 331, 331-32 (6th Cir. 1989); Harvey v. New
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Bern Police Dep't., 813 F.2d 652, 653 (4th Cir. 1987); Mosel
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v. Hills Dep't. Store, Inc., 789 F.2d 251, 252 (3d Cir.
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1986). As Wood does not claim that she had insufficient time

within which to act, and no equitable reasons are presented

to warrant disregarding the 90-day rule, the district court

correctly dismissed the complaint as untimely.

Affirmed.
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Reference

Status
Published