Tommie Dawson v. Wells Fargo Corporation, No. 12-3400 (8th Cir. 2013)

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Court Description: Civil case. Dismissal of Title VII claim affirmed without comment. [ March 11, 2013

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3400 ___________________________ Tommie Dawson lllllllllllllllllllll Plaintiff - Appellant v. Wells Fargo Corporation lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the District of Minnesota - Minneapolis ____________ Submitted: March 7, 2013 Filed: March 13, 2013 [Unpublished] ____________ Before MURPHY, SMITH, and COLLOTON, Circuit Judges. ____________ PER CURIAM. Tommie Dawson appeals the district court s1 dismissal of his civil complaint. After careful review, we conclude that the dismissal was proper. Dawson s Title VII 1 The Honorable Michael J. Davis, Chief Judge, United States District Court for the District of Minnesota. claim was untimely, and there was no basis for tolling the time limits. See 42 U.S.C. ยง 2000e-5(f)(1) (civil action may be brought within 90 days of right-to-sue notice). Dawson also failed to state a fraud claim, because he did not allege that he acted in reliance on any false representation. See Northstar Indus., Inc. v. Merrill Lynch & Co., Inc., 576 F.3d 827, 832 (8th Cir. 2009) (to establish fraud under Minnesota law, plaintiff must show, inter alia, that false representation by party caused other party to act in reliance thereon). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-

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