David H. McDowell v. Tankinetics, Inc.

United States Court of Appeals
For the Eighth Circuit
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No. 12-3441
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David H. McDowell
lllllllllllllllllllll Plaintiff - Appellant
v.
Tankinetics, Inc.; William K. Angle; Strand Composite Engineering &
Construction, LLC; St. Clair P. Guess, III; William F. Schwarz; Robert W. McManus
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Western District of Arkansas - Harrison
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Submitted: May 16, 2013
Filed: May 20, 2013
[Unpublished]
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Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges.
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PER CURIAM.

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David McDowell appeals the district court’s dismissal of his employment-1
discrimination action as untimely. We agree with the court that the complaint is
untimely, because (1) it was filed well in excess of the applicable limitations period,
see 29 U.S.C. § 626(e); Hallgren v. United States Dep’t of Energy, 331 F.3d 588, 589
(8th Cir. 2003) (failure to file suit within 90 days of receiving notice of final agency
action renders employment-discrimination action untimely); (2) the prior state court
suit, which was removed to federal court and dismissed without prejudice, does not
save the instant suit from a dismissal for untimeliness, see Gerhardson v. Gopher
News. Co., 698 F.3d 1052, 1056 (8th Cir. 2012); and (3) McDowell failed to
demonstrate that he was entitled to equitable tolling, see Hallgren, 331 F.3d at 590.
The judgment is affirmed. See 8th Cir. R. 47B.
______________________________
The Honorable P.K. Holmes, III, Chief Judge, United States District Court for1
the Western District of Arkansas.
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