United States v. Bobby Walker

1The Honorable Roberto A. Lange, United States District Judge for the District
of South Dakota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 10-2656
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Rev. David L. Joe, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of South Dakota.
Walgreens Co./ILL; Walgreens Co./ *
ILL, District 311; Jason Frederick, in * [UNPUBLISHED]
his official capacity; Mary Ann Hansen, *
in her official capacity; Kristine Rasby, *
in her official capacity; Frank *
Maxwell, in his official capacity, *
*
Appellees. *
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Submitted: February 7, 2011
Filed: February 18, 2011
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Before LOKEN, MURPHY, and COLLOTON, Circuit Judges.
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PER CURIAM.
The Reverend David Joe appeals the district court’s 1 adverse grant of summary
judgment in his action asserting both state-law and federal law employment-

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discrimination claims. On de novo review, we conclude that dismissal of Joe’s state-
law claims was proper. See Jansen v. Lemmon Fed. Credit Union, 562 N.W.2d 122,
124 (S.D. 1997). We also agree with the district court that Joe’s federal claims are
time-barred, and conclude that the facts of this case do not warrant equitable tolling.
See 42 U.S.C. § 2000e-5(f)(1); 42 U.S.C. § 12117(a). Accordingly, we affirm. See
8th Cir. R. 47B.
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