Gloria Quinones v. Eric K. Shinseki, No. 09-3805 (8th Cir. 2010)

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Court Description: Civil case - employment discrimination. Defendant's judgment affirmed as the record conclusively showed plaintiff failed to exhaust her administrative remedies.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-3805 ___________ Gloria Quinones, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Eric K. Shinseki, Secretary of Veteran * Affairs, * [UNPUBLISHED] * Appellee. * ___________ Submitted: July 28, 2010 Filed: August 2, 2010 ___________ Before LOKEN, MURPHY, and BENTON, Circuit Judges. ___________ PER CURIAM. Gloria Quiñones1 appeals the district court s2 dismissal of her Title VII action claiming employment discrimination. After careful de novo review, see Coons v. Mineta, 410 F.3d 1036, 1039 (8th Cir. 2005); we agree with the district court that the 1 The record shows that Quiñones spells her name with a tilde over the first n in her name, despite how it appears on the docket sheet. 2 The Honorable Thomas C. Mummert, United States Magistrate Judge for the Eastern District of Missouri, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). record conclusively shows Quiñones failed to exhaust her administrative remedies because she did not timely file her formal discrimination complaint, see McAdams v. Reno, 64 F.3d 1137, 1141 (8th Cir. 1995) (exhaustion requirement). Further, Quiñones has failed to show that exceptional circumstances beyond her control contributed to the untimely filing for purposes of equitable tolling. See T.L. ex rel. Ingram v. United States, 443 F.3d 956, 963 (8th Cir. 2006) (discussing equitable tolling). Accordingly, we affirm the judgment of the district court. ______________________________ -2-

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