U.S. Court of Appeals for the Eighth Circuit, 2013

David McDowell v. Tankinetics, Inc.

David McDowell v. Tankinetics, Inc.
U.S. Court of Appeals for the Eighth Circuit · Decided May 20, 2013 · Wollman, Bowman, Gruender
505 F. App'x 613

David McDowell v. Tankinetics, Inc.

Opinion

PER CURIAM.

David McDowell appeals the district court’s 1 dismissal of his employment-discrimination action as untimely. We agree with the court that the complaint is untimely, because (1) it was filed well in excess of the applicable limitations period, see 29 U.S.C. § 626(e); Hallgren v. United States Dep’t of Energy, 331 F.3d 588, 589 (8th Cir. 2003) (failure to file suit within 90 days of receiving notice of final agency action renders employment-discrimination action untimely); (2) the prior state court suit, which was removed to federal court and dismissed without prejudice, does not save the instant suit from a dismissal for untimeliness, see Gerhardson v. Gopher News. Co., 698 F.3d 1052, 1056 (8th Cir. 2012); and (3) McDowell failed to demonstrate that he was entitled to equitable tolling, see Hallgren, 331 F.3d at 590.

The judgment is affirmed. See 8th Cir. R. 47B.

1

. The Honorable P.K. Holmes, III, Chief Judge, United States District Court for the Western District of Arkansas.

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