Karolyn Handke v. McBride, Lock & Associates

U.S. Court of Appeals for the Eighth Circuit
Karolyn Handke v. McBride, Lock & Associates, 418 F. App'x 588 (8th Cir. 2011)

Karolyn Handke v. McBride, Lock & Associates

Opinion

PER CURIAM.

Karolyn Handke appeals the district court’s 1 dismissal for failure to exhaust her discrimination complaint against her former employer. After careful de novo review, see Coons v. Mineta, 410 F.3d 1036, 1039 (8th Cir. 2005), we affirm. We agree with the district court that Handke’s lawsuit was untimely filed more than 90 days after she received a right-to-sue letter on her June 2009 charge, which alleged her discharge was motivated by discrimination. Handke could not cure her untimeliness by filing a second charge based on the same adverse employment action. See Spears v. Mo. Dep’t of Corr. & Human Res., 210 F.3d 850, 853 & n. 2 (8th Cir. 2000); Williams v. Little Rock Mun. Water Works, 21 F.3d 218, 222 (8th Cir. 1994).

Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.

Reference

Full Case Name
Karolyn A. HANDKE, Appellant, v. McBRIDE, LOCK & ASSOCIATES; Charles H. McBride; Robert J. Lock, Appellees
Status
Unpublished