Gager v. Principi
Gager v. Principi
Opinion of the Court
SUMMARY ORDER
Appellant Barbara A. Gager, pro se, appeals from the judgment of the United States District Court for the Southern District of New York (Batts, J.) dismissing her complaint. We assume the parties’ familiarity with the underlying facts, procedural history of the case, and scope of the issues presented on appeal.
We review de novo the District Court’s dismissal of a claim pursuant to Federal Rule of Civil Procedure 12(b)(6), construing the complaint liberally and accepting all factual allegations in the complaint as true. See Chambers v. Time Warner, Inc., 282 F.3d 147, 152 (2d Cir. 2002). We must determine if the complaint pleads “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1974, 167 L.Ed.2d 929 (2007). A district court’s decision to deny equitable tolling is reviewed for abuse of discretion. See Fernandez v. Chertoff, 471 F.3d 45, 51 (2d Cir. 2006).
Gager’s Title VII complaint was untimely because she did not file suit within ninety days of receiving notice of the final agency decision regarding her allegation of discrimination, as required by 42 U.S.C. § 2000e-16(e). Additionally, Gager failed to establish that she was entitled to equitably toll this period because she did not
Accordingly, the judgment of the District Court is AFFIRMED.
Reference
- Full Case Name
- Barbara A. GAGER v. Anthony J. PRINCIPI
- Cited By
- 2 cases
- Status
- Published