Dawes v. City University of New York
Opinion of the Court
SUMMARY ORDER
Hugh Dawes, pro se, appeals the judgment of the District Court for the Southern District of New York (Barbara Jones, J.), dismissing his employment discrimination complaint against the City University of New York (“CUNY”), filed under Title VII of the Civil Rights Act of 1964, as codified, 42 U.S.C. §§ 2000e to 2000e-17, as untimely filed. Familiarity with the record below and the issues on appeal is presumed.
As an initial matter, it is well-established that a notice of appeal filed before the disposition of a post-trial motion “ ‘shall have no effect.’ ” Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 60, 103 S.Ct. 400, 74 L.Ed.2d 225 (1982) (quoting FED. R. APP. P. 4(a)(4)). Because Dawes did not file a new notice of appeal from the district court’s denial of his Rule 60 motion, this Court is precluded from considering that motion, as well as the exhibits attached thereto, and our review is limited to the original order of the district court dismissing his complaint.
This Court reviews de novo a district court’s dismissal pursuant to Fed.R.Civ.P. 12(b)(6), with all inferences drawn in favor of the nonmoving party. See Moore v. PaineWebber, Inc., 189 F.3d 165, 169 (2d Cir. 1999). Under Rule 12(b)(6), dismissal is proper for pleadings that fail to state a claim upon which relief can be granted.
Under Title VII, it is unlawful for an employer to “fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a)(l). A Title VII claimant must file his complaint not more than 90 days after receipt of a right-to-sue letter from the EEOC. See Cornwell v. Robinson, 23 F.3d 694, 706 (2d Cir. 1994) (citing 42 U.S.C. § 2000e—5(f)(1)).
We have considered Plaintiffs remaining contentions and find them to be without merit. For the foregoing reasons, the judgment of the District Court is hereby AFFIRMED.
Reference
- Full Case Name
- Hugh DAWES v. CITY UNIVERSITY OF NEW YORK
- Cited By
- 5 cases
- Status
- Published