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Smith v. Alcorn State University

United States Court of Appeals, Fifth Circuit
Nov 30, 2011
451 F. App'x 464 (5th Cir. 2011)

Opinion

No. 11-60484

11-30-2011

CLAVER J. SMITH, Plaintiff—Appellant v. ALCORN STATE UNIVERSITY, Defendant—Appellee


Summary Calendar


Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 5:10-CV-198

Before REAVLEY, SMITH, and PRADO, Circuit Judges. PER CURIAM:

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Claver Smith, the Appellant, alleges that Alcorn State University, the Appellee, unlawfully discriminated against her based on her age in violation of the Age Discrimination in Employment Act ("ADEA"), specifically 29 U.S.C. § 623(a). Smith filed a claim with the Equal Employment Opportunity Commission ("EEOC") on September 23, 2009. On August 23, 2010, the EEOC issued Smith a right-to-sue letter. Smith did not, however, file her suit until December 16, 2010—116 days after the issuance of the right-to-sue letter. The Appellee filed a motion to dismiss based on Eleventh Amendment immunity and a motion for summary judgment based on the time bar. The district court granted both motions.

"A plaintiff alleging employment discrimination must file a civil action no more than ninety days after she receives statutory notice of her right to sue from the EEOC. The ninety-day window is strictly construed and is a precondition to filing suit in district court." Duron v. Albertson's LLC, 560 F.3d 288, 290 (5th Cir. 2009) (internal quotation marks, citations, and footnotes omitted). Smith claims that she filed her suit on November 22, 2010 (within the ninety-day window), but there is no evidence in the record to support this. We therefore AFFIRM the district court's grant of summary judgment to the Appellee.

AFFIRMED.


Summaries of

Smith v. Alcorn State University

United States Court of Appeals, Fifth Circuit
Nov 30, 2011
451 F. App'x 464 (5th Cir. 2011)
Case details for

Smith v. Alcorn State University

Case Details

Full title:CLAVER J. SMITH, Plaintiff-Appellant v. ALCORN STATE UNIVERSITY…

Court:United States Court of Appeals, Fifth Circuit

Date published: Nov 30, 2011

Citations

451 F. App'x 464 (5th Cir. 2011)

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