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[NOT FOR PUBLICATION]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
____________________

















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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Published