Danyeill Donahue v. St. Vincent Health System, et al, No. 09-1252 (8th Cir. 2010)

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Court Description: Civil case - Employment Discrimination. District court did not err in dismissing plaintiff's Title VII complaint as time-barred.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-1252 ___________ Danyeill Y. Donahue, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. St. Vincent Health System; Director of * Arkansas Department of Workforce * [UNPUBLISHED] Services, * * Appellees. * ___________ Submitted: December 30, 2009 Filed: January 5, 2010 ___________ Before BYE, BOWMAN, and BENTON, Circuit Judges. ___________ PER CURIAM. Danyeill Donahue appeals the district court s1 order dismissing her Title VII action as time-barred, among other reasons. Reviewing de novo, see Luney v. SGS Auto Servs. Inc., 432 F.3d 866, 867 (8th Cir. 2005), we agree with the district court that Donahue s complaint filed nearly nine months after the date listed in her complaint as the day she received her right-to-sue letter from the Equal Employment 1 The Honorable J. Leon Holmes, Chief Judge, United States District Court for the Eastern District of Arkansas. Opportunity Commission is untimely. See 42 U.S.C. ยง 2000e-5(f)(1) (90-day time limit).2 Accordingly, we affirm. ______________________________ 2 The appeal is timely because the December 22, 2008 judgment was not entered on the docket until December 23, 2008, and the notice of appeal was filed thirty days thereafter. See Fed. R. App. P. 4(a)(1)(A) (appeal must be filed within 30 days after entry of the judgment or order appealed). -2-

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