Sims v. Cedar Park Elementary

U.S. Court of Appeals for the Eighth Circuit
Sims v. Cedar Park Elementary, 146 F. App'x 78 (8th Cir. 2005)

Sims v. Cedar Park Elementary

Opinion

PER CURIAM.

Juanita Sims filed a motion to reconsider more than ten days after dismissal of her Title VII action as untimely, attaching her right-to-sue letter from the Equal Employment Opportunity Commission (EEOC). The district court 1 denied her motion, and Sims appeals. Liberally construing her motion to reconsider as a Federal Rule of Civil Procedure 60(b) motion, we conclude the district court did not *79 abuse its discretion in denying reconsideration. See Sanders v. Clemco Indus., 862 F.2d 161, 164-65, 169 (8th Cir. 1988) (construing reconsideration motion filed more than 10 days after entry of judgment under Rule 60(b); appeal from denial of Rule 60(b) motion does not raise underlying judgment for review, and review is for abuse of discretion); Brooks v. Ferguson-Florissant Sch. Dist., 118 F.3d 903, 904-05 (8th Cir. 1997) (where Title VII action was dismissed as untimely in light of date alleged for receipt of EEOC right-to-sue letter, it was not abuse of discretion to deny plaintiffs reconsideration motion, in which he attempted to correct date by referring to mailing date of EEOC letter; “while [plaintiff] represented himself and may have had difficulty with procedural rules, the motion to dismiss provided him notice that the receipt date was critical”).

Accordingly, we affirm.

1

. The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas.

Reference

Full Case Name
Juanita SIMS, Appellant, v. CEDAR PARK ELEMENTARY, Appellee
Status
Unpublished