17-2516•Dewayne Barnes v. Sentry Management, Inc.; The St. Regis Apartments, Inc.
17-2516Court of Appeals for the Eighth Circuit31 de mai. de 2019
United States Court of Appeals
For the Eighth Circuit
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No. 18-1780
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Dewayne Barnes
lllllllllllllllllllllPlaintiff - Appellant
v.
Sentry Management, Inc.; The St. Regis Apartments, Inc.
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: April 24, 2019
Filed: May 23, 2019
[Unpublished]
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Before ERICKSON, BOWMAN, and GRASZ, Circuit Judges.
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PER CURIAM.
In this Title VII action, Dewayne Barnes appeals after the district court1
granted motions to dismiss filed by Sentry Management, Inc. (“Sentry”) and The
1The Honorable Jean C. Hamilton, United States District Judge for the Eastern
District of Missouri.
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St. Regis Apartments, Inc. (“St. Regis”). Upon careful de novo review, we conclude
the district court did not err in granting the motions to dismiss. See Kelly v. City of
Omaha, 813 F.3d 1070, 1075 (8th Cir. 2016) (standard of review). We first agree
with the district court that the claims against St. Regis were time-barred. See 42
U.S.C. § 2000e-5(f)(1) (setting forth 90-day period to file suit following receipt of
right-to-sue notice). We further agree that Barnes failed to allege sufficient facts to
support a plausible claim against Sentry under Title VII. See Ashcroft v. Iqbal, 556
U.S. 662, 678–83 (2009) (discussing plausibility requirement in context of motion to
dismiss).
Accordingly, we affirm the judgment. See 8th Cir. R. 47B. We also deny as
moot St. Regis’s pending motion to supplement the record.
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