Wood v. Management

Opinion

USCA1 Opinion

December 8, 1993
                                [NOT FOR PUBLICATION]

                            UNITED STATES COURT OF APPEALS
                                FOR THE FIRST CIRCUIT
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No. 93-1437

                                   JESSICA D. WOOD,

                                 Plaintiff, Appellee,

                                          v.

                            MANAGEMENT SEARCH CORPORATION,

                                 Defendant, Appellee.

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                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                          FOR THE DISTRICT OF MASSACHUSETTS

                    [Hon. Frank H. Freedman, U.S. District Judge]
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                                 ____________________

                                        Before

                                Cyr, Boudin and Stahl,
                                   Circuit Judges.
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            Jessica D. Wood on brief pro se.
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            Debra  I.  Lerner and  Long,  Racicot  & Bourgeois  on  brief  for
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        appellee.

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Per  Curiam.  Plaintiff Jessica D. Wood appeals the
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            dismissal of her  Title VII  claim as not  timely filed.   We

            find no  error and affirm essentially for  the reasons stated

            in the district court's memorandum  and order dated March 17,

            1993.    Wood   admittedly  received  the   Equal  Employment

            Opportunity Commission's  determination and  90-day right-to-

            sue notice on  September 21, 1990.  This  complaint was filed

            91 days  later, on  December 21, 1990.   Compliance  with the

            Title VII time  for filing a federal suit,  42 U.S.C.  2000e-

            5(f)(1), is  a statutory  prerequisite: a  complaint must  be

            filed  within 90  days of  receipt of  the EEOC  right-to-sue
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            letter.     "In  the   absence  of  a   recognized  equitable

            consideration, the  court cannot extend the limitation period

            by even one day."  Rice  v. New England College, 676 F.2d  9,
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            11  (1st  Cir. 1982);  see  also Peete  v.  American Standard
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            Graphic, 885 F.2d 331, 331-32  (6th Cir. 1989); Harvey v. New
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            Bern Police Dep't., 813 F.2d  652, 653 (4th Cir. 1987); Mosel
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            v.  Hills Dep't.  Store, Inc.,  789  F.2d 251,  252 (3d  Cir.
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            1986).  As Wood does not claim that she had insufficient time

            within which to  act, and no equitable  reasons are presented

            to warrant disregarding  the 90-day rule, the  district court

            correctly dismissed the complaint as untimely.

                      Affirmed.   
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