Unpublished Disposition, 884 F.2d 1394 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 884 F.2d 1394 (9th Cir. 1989)

Manuel Q. CRUZ, Plaintiff-Appellant,v.SECRETARY OF the NAVY, Defendant-Appellee.

No. 88-2617.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 31, 1989.* Decided Sept. 5, 1989.

Before TANG, NELSON and REINHARDT, Circuit Judges.


Manuel Cruz appeals the district court's dismissal of his Title VII action for lack of subject matter jurisdiction on the ground that Cruz failed to file a timely complaint. We affirm.

We review de novo. Lofton v. Heckler, 781 F.2d 1390, 1392 (9th Cir. 1986). Cruz contends that the 30 day time limit for filing a civil action under 42 U.S.C. § 2000e-16(c) is a statute of limitations subject to equitable tolling, and that this time limit should be tolled in his case. "We have squarely rejected [the] argument" that the thirty day filing requirement of 42 U.S.C. § 2000e-16(c) is not jurisdictional and thus would be subject to equitable tolling. Koucky v. Department of the Navy, 820 F.2d 300, 302 (9th Cir. 1987); see Cooper v. United States Postal Service, 740 F.2d 714, 716 (9th Cir. 1984), cert. denied, 471 U.S. 1022 (1985).

It is undisputed that Cruz filed his complaint on the 31st day after receiving notice of the EEOC's decision. Accordingly, the district court did not err by dismissing for lack of jurisdiction and the cause of action is time-barred. Koucky, 820 F.2d at 302.



The panel unanimously finds this case suitable for disposition without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Circuit R. 36-3