Davis v. New York City Transit Authority
Opinion of the Court
SUMMARY ORDER
Plaintiff-Appellant Stephen Davis (“Davis”), pro se, appeals from a judgment of the United States District Court for the Eastern District of New York (Edward R. Korman, Chief Judge) dismissing Davis’s employment discrimination claims for failure to file a timely complaint with the Equal Employment Opportunity Commission (“EEOC”). See 42 U.S.C. §§ 2000e-5(e)(1), (f)(1) & 12117(a).
We review the District Court’s dismissal of claims under Rule 12(b)(6) de novo, see Zerilli-Edelglass v. New York City Transit Auth, 333 F.3d 74, 79, 81 (2d Cir. 2003), and its decision to deny equitable tolling for abuse of discretion. See id. at 81.
We further reject Davis’s argument, raised for the first time on appeal, that he never received actual notice of termination. Not only does this claim contradict the allegations in Davis’s amended complaint., but it also appears that Davis signed a “Probationary Employee Exit Interview” form on May 7, 1998, indicating that he was aware of his termination.
We have also considered Davis’s remaining arguments and find them to be without merit. Accordingly, we AFFIRM the judgment of the District Court.
Reference
- Full Case Name
- Stephen DAVIS v. THE NEW YORK CITY TRANSIT AUTHORITY (\NYCTA\")"
- Cited By
- 1 case
- Status
- Published