Tommie Dawson v. Wells Fargo Corporation

11-2905Court of Appeals for the Eighth CircuitMar 29, 2013

Full text

United States Court of Appeals
For the Eighth Circuit
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No. 12-3400
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Tommie Dawson
lllllllllllllllllllll Plaintiff - Appellant
v.
Wells Fargo Corporation
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the District of Minnesota - Minneapolis
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Submitted: March 7, 2013
Filed: March 13, 2013
[Unpublished]
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Before MURPHY, SMITH, and COLLOTON, Circuit Judges.
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PER CURIAM.
Tommie Dawson appeals the district court’s dismissal of his civil complaint.1
After careful review, we conclude that the dismissal was proper. Dawson’s Title VII
The Honorable Michael J. Davis, Chief Judge, United States District Court for1
the District of Minnesota.

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claim was untimely, and there was no basis for tolling the time limits. See 42 U.S.C.
§ 2000e-5(f)(1) (civil action may be brought within 90 days of right-to-sue notice).
Dawson also failed to state a fraud claim, because he did not allege that he acted in
reliance on any false representation. See Northstar Indus., Inc. v. Merrill Lynch &
Co., Inc., 576 F.3d 827, 832 (8th Cir. 2009) (to establish fraud under Minnesota law,
plaintiff must show, inter alia, that false representation by party caused other party
to act in reliance thereon). Accordingly, we affirm. See 8th Cir. R. 47B.
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