Campbell v. E. M. Security

U.S. Court of Appeals for the Eleventh Circuit

Campbell v. E. M. Security

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED

________________________ U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

No. 10-13018 DEC 17, 2010

Non-Argument Calendar JOHN LEY

CLERK

________________________

D.C. Docket No. 4:10-cv-00078-BAE-GRS GERALD CARMICHEAL CAMPBELL, lllllllllllllllllllll Plaintiff - Appellant

versus E. M. SECURITY, lllllllllllllllllllll Defendant - Appellee.

________________________

Appeal from the United States District Court

for the Southern District of Georgia

________________________

(December 17, 2010) Before BLACK, BARKETT and WILSON, Circuit Judges. PER CURIAM:

Gerald Campbell appeals the district court’s dismissal of his employment discrimination suit. Campbell challenges the court’s denial of his request for appointed counsel. However, Campbell’s request was moot because his Equal Employment Opportunity Commission complaint was untimely—well beyond the 180-day limit. Equitable tolling was inapplicable to this deadline because Campbell did not provide any reason for his late filing. See Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 398 (1982). Thus, the court correctly dismissed his case and denied his request for counsel as moot.

AFFIRMED.

2

Reference

Status
Unpublished