Royster v. White

United States Court of Appeals
Fifth Circuit
F I L E D
August 1, 2003
Charles R. Fulbruge III
Clerk
In the
United States Court of Appeals
for the Fifth Circuit
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m 02-51363
Summary Calendar
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WILLIAM H. ROYSTER,
Plaintiff-Appellant,
VERSUS
THOMAS E. WHITE,
SECRETARY OF THE ARMY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
m W-02-CV-201
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Before JOLLY, HIGGINBOTHAM, and SMITH,
Circuit Judges.
PER CURIAM:*
William Royster appeals the dismissal of his
title VII suit against the Secretary of the
* Pursuant to 5TH CIR. R. 47.5, the court has
(continued...)
(...continued)
determined that this opinion should not be pub-
lished and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.

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Army. The district court dismissed because
White did not notify an equal employment op-
portunity counselor within forty-five days of
the alleged discrimination.
The district court explained its reasons in a
concise order dated October 11, 2002, and en-
tered October 15, 2002. We agree with that
court’s analysis. In addition to the fact that
Royster changed his story from time to time,
to make it appear that he had satisfied the
deadline, indisputable facts show he was noti-
fied of his termination well in excess of forty-
five days before he took appropriate action to
pursue the matter administratively.
Royster makes an equitable tolling argu-
ment. He did not raise that issue in the district
court, so we will not consider it.
AFFIRMED.

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