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Emanuel Swinton v. Hansens Truck Salvage Inc., 16-1470 (2016)

Court: Court of Appeals for the Eighth Circuit Number: 16-1470 Visitors: 16
Filed: Nov. 07, 2016
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-1470 _ Emanuel L. Swinton lllllllllllllllllllll Plaintiff - Appellant v. Hansens Truck Salvage Inc.; U-Pick-It lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: October 20, 2016 Filed: November 7, 2016 [Unpublished] _ Before LOKEN, BOWMAN, and MURPHY, Circuit Judges. _ PER CURIAM. Emanuel Swinton appeals the district court’s1 adverse
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                 United States Court of Appeals
                            For the Eighth Circuit
                        ___________________________

                                No. 16-1470
                        ___________________________

                                 Emanuel L. Swinton

                        lllllllllllllllllllll Plaintiff - Appellant

                                            v.

                      Hansens Truck Salvage Inc.; U-Pick-It

                      lllllllllllllllllllll Defendants - Appellees
                                       ____________

                     Appeal from United States District Court
                for the Western District of Missouri - Kansas City
                                 ____________

                            Submitted: October 20, 2016
                             Filed: November 7, 2016
                                  [Unpublished]
                                  ____________

Before LOKEN, BOWMAN, and MURPHY, Circuit Judges.
                          ____________

PER CURIAM.

     Emanuel Swinton appeals the district court’s1 adverse grant of summary
judgment in his pro se Title VII employment-discrimination action against his former

      1
       The Honorable Howard F. Sachs, United States District Judge for the Western
District of Missouri.
employer. We review de novo, see Spears v. Missouri Dep’t of Corr. & Human Res.,
210 F.3d 850
, 853 (8th Cir. 2000), and we agree with the district court that Swinton’s
claims of race-based discriminatory discharge and retaliation are time-barred because
he filed his lawsuit over seven months late. See 42 U.S.C. § 2000e-5(f)(1); Baldwin
Cty. Welcome Ctr. v. Brown, 
466 U.S. 147
, 149 (1984) (per curiam) (Title VII
plaintiff must file suit within 90 days of receiving right-to-sue letter from the Equal
Employment Opportunity Commission). Contrary to Swinton’s assertion, the 90-day
filing window applies equally to claims of race-based retaliation.

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




                                         -2-

Source:  CourtListener

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