Danny M. Wells, Plaintiff-appellant, v. Gateways Hospital and Mental Health Center, Defendant-appellee, 76 F.3d 390 (9th Cir. 1996)

MEMORANDUM^** 

Danny M. Wells appeals pro se the district court's dismissal of his California state law claims against his employer, Gateways Hospital and Mental Health Center (Gateways), on the basis that the claims were preempted by the Labor-Management Relations Act, 29 U.S.C. § 185(a), and Wells failed to assert the exhaustion of grievance procedures. Wells contends the district court erred by denying his motion for remand to state court on the basis that Gateways did not timely remove the action to federal court. Specifically, he contends Gateways failed to remove the action to federal court within 30 days after its receipt of his state court summons and complaint because Gateways filed notice of removal on Monday, April 3, 1995, the 31st day. See 28 U.S.C. § 1446(b) (30-day requirement). This contention lacks merit because April 2 was a Sunday; therefore, under Fed. R. Civ. P. 6(a) the time period was extended to April 3. See Kyle v. Campbell Soup Co., 28 F.3d 928, 929 (9th Cir.), cert. denied, 115 S. Ct. 185 (1994).

AFFIRMED.