Dewayne Barnes v. Sentry Management, Inc.

U.S. Court of Appeals for the Eighth Circuit

Dewayne Barnes v. Sentry Management, Inc.

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-1780 ___________________________

Dewayne Barnes

lllllllllllllllllllllPlaintiff - Appellant

v.

Sentry Management, Inc.; The St. Regis Apartments, Inc.

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: April 24, 2019 Filed: May 23, 2019 [Unpublished] ____________

Before ERICKSON, BOWMAN, and GRASZ, Circuit Judges. ____________

PER CURIAM.

In this Title VII action, Dewayne Barnes appeals after the district court1 granted motions to dismiss filed by Sentry Management, Inc. (“Sentry”) and The

1 The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri. St. Regis Apartments, Inc. (“St. Regis”). Upon careful de novo review, we conclude the district court did not err in granting the motions to dismiss. See Kelly v. City of Omaha, 813 F.3d 1070, 1075 (8th Cir. 2016) (standard of review). We first agree with the district court that the claims against St. Regis were time-barred. See 42 U.S.C. § 2000e-5(f)(1) (setting forth 90-day period to file suit following receipt of right-to-sue notice). We further agree that Barnes failed to allege sufficient facts to support a plausible claim against Sentry under Title VII. See Ashcroft v. Iqbal, 556 U.S. 662, 678–83 (2009) (discussing plausibility requirement in context of motion to dismiss).

Accordingly, we affirm the judgment. See 8th Cir. R. 47B. We also deny as moot St. Regis’s pending motion to supplement the record. ______________________________

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Reference

Status
Unpublished