Charles W. Ezell v. Dan River, Incorporated

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-1407
CHARLES W. EZELL,
Plaintiff - Appellant,
versus
DAN RIVER, INCORPORATED,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Danville. Jackson L. Kiser, Senior
District Judge. (CA-01-53-4)
Submitted: November 21, 2002 Decided: November 27, 2002
Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Charles W. Ezell, Appellant Pro Se. James Phillip Naughton, Sara
Lynne Berg, HUNTON & WILLIAMS, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Charles W. Ezell appeals the district court’s order granting
summary judgment in favor of his former employer in this action
under the Americans with Disabilities Act. We have reviewed the
record and agree with the district court that Ezell failed to file
a timely charge of discrimination with the Equal Employment
Opportunity Commission and that the facts did not warrant
application of the doctrine of equitable tolling or equitable
estoppel. Accordingly, we affirm on the reasoning of the district
court. See Ezell v. Dan River, Inc., No. CA-01-53-4 (W.D. Va.
Apr. 3, 2002). We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional process.
AFFIRMED

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