Vizcarrondo v. Board of Trustees
U.S. Court of Appeals for the First Circuit
Vizcarrondo v. Board of Trustees
Opinion
USCA1 Opinion
[NOT FOR PUBLICATION]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
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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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Reference
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