United States v. Samuel Acosta

1The record shows that Quiñones spells her name with a tilde over the first “n”
in her name, despite how it appears on the docket sheet.
2The Honorable Thomas C. Mummert, United States Magistrate Judge for the
Eastern District of Missouri, to whom the case was referred for final disposition by
consent of the parties pursuant to 28 U.S.C. § 636(c).
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 09-3805
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Gloria Quinones, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
Eric K. Shinseki, Secretary of Veteran *
Affairs, * [UNPUBLISHED]
*
Appellee. *
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Submitted: July 28, 2010
Filed: August 2, 2010
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Before LOKEN, MURPHY, and BENTON, Circuit Judges.
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PER CURIAM.
Gloria Quiñones 1 appeals the district court’s 2 dismissal of her Title VII action
claiming employment discrimination. After careful de novo review, see Coons v.
Mineta, 410 F.3d 1036, 1039 (8th Cir. 2005); we agree with the district court that the

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record conclusively shows Quiñones failed to exhaust her administrative remedies
because she did not timely file her formal discrimination complaint, see McAdams v.
Reno, 64 F.3d 1137, 1141 (8th Cir. 1995) (exhaustion requirement). Further,
Quiñones has failed to show that exceptional circumstances beyond her control
contributed to the untimely filing for purposes of equitable tolling. See T.L. ex rel.
Ingram v. United States, 443 F.3d 956, 963 (8th Cir. 2006) (discussing equitable
tolling).
Accordingly, we affirm the judgment of the district court.
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