Frederick Pitchford v. Southland Gaming and Racing

333 F. App'x 138
Court of Appeals for the Eighth Circuit·Decided October 5, 2009·No. 08-3340·Unpublished

Opinion

PER CURIAM.

Frederick Lee Pitchford appeals the district court’s 1 dismissal of his employment discrimination complaint. Pitchford’s only argument in his brief on appeal is that the *139 district court lacked jurisdiction to rule on the motion to dismiss, because he failed to' pay the filing fee below. This argument fails. See Rodgers ex rel. Jones v. Bowen, 790 F.2d 1550, 1552 (11th Cir.1986) (noting that court had expressly rejected theory that timely payment of filing fee is jurisdictional requirement).

Accordingly, we affirm. We also deny the pending motion to vacate.

1

. The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas.

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Frederick Pitchford v. Southland Gaming and Racing, 333 F. App'x 138 (8th Cir. 2009).

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