Elawyers Elawyers
Washington| Change

Karolyn Handke v. McBride, Lock & Associates, 10-3249 (2011)

Court: Court of Appeals for the Eighth Circuit Number: 10-3249 Visitors: 19
Filed: Jun. 17, 2011
Latest Update: Feb. 22, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 10-3249 _ Karolyn A. Handke, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Missouri. McBride, Lock & Associates; Charles * H. McBride; Robert J. Lock, * * [UNPUBLISHED] Appellees. * _ Submitted: February 4, 2011 Filed: June 17, 2011 _ Before MELLOY, GRUENDER, and BENTON, Circuit Judges. _ PER CURIAM. Karolyn Handke appeals the district court’s1 dismissal for failure to exhaust her dis
More
                     United States Court of Appeals
                           FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 10-3249
                                    ___________

Karolyn A. Handke,                   *
                                     *
           Appellant,                *
                                     * Appeal from the United States
     v.                              * District Court for the
                                     * Western District of Missouri.
McBride, Lock & Associates; Charles *
H. McBride; Robert J. Lock,          *
                                     * [UNPUBLISHED]
           Appellees.                *
                                ___________

                              Submitted: February 4, 2011
                                 Filed: June 17, 2011
                                  ___________

Before MELLOY, GRUENDER, and BENTON, Circuit Judges.
                          ___________

PER CURIAM.

       Karolyn Handke appeals the district court’s1 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


      1
        The Honorable Gary A. Fenner, United States District Judge for the Western
District of Missouri.
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.
                     ______________________________




                                       -2-

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer