Danyeill Donahue v. St. Vincent Health System

U.S. Court of Appeals for the Eighth Circuit
Danyeill Donahue v. St. Vincent Health System, 358 F. App'x 775 (8th Cir. 2010)

Danyeill Donahue v. St. Vincent Health System

Opinion

PER CURIAM.

Danyeill Donahue appeals the district court’s 1 order dismissing her Title VII action as time-barred, among other reasons. Reviewing de novo, see Luney v. SGS Auto. Servs. Inc., 432 F.3d 866, 867 (8th Cir. 2005), we agree with the district court that Donahue’s complaint — filed nearly nine months after the date listed in her complaint as the day she received her right-to-sue letter from the Equal Employment Opportunity Commission — is untimely. See 42 U.S.C. § 2000e-5(f)(l) (90-day time limit). 2

Accordingly, we affirm.

1

. The Honorable J. Leon Holmes, Chief Judge, United States District Court for the Eastern District of Arkansas.

2

. The appeal is timely because the December 22, 2008 judgment was not entered on the docket until December 23, 2008, and the notice of appeal was filed thirty days thereafter. See Fed. R.App. P. 4(a)(1)(A) (appeal must be filed within 30 days after entry of the judgment or order appealed).

Reference

Full Case Name
Danyeill Y. DONAHUE, Appellant, v. ST. VINCENT HEALTH SYSTEM; Director of Arkansas Department of Workforce Services, Appellees
Status
Unpublished