David H. McDOWELL, Plaintiff-Appellant v. TANKINETICS, INC.; William K. Angle; Strand Composite Engineering & Construction, LLC; St. Clair P. Guess, III; William F. Schwarz; Robert W. McManus, Defendants-Appellees, 505 F. App'x 613

PER CURIAM. David McDowell appeals the district court’s dismissal of his employment-discrimination action as untimely. We agree with the court that the complaint is untimely, because (1) it was filed well in excess of the applicable limitations period, see 29 U.S.C. § 626(e); Hallgren v.

United States Dep’t of Energy, 331 F.3d 588, 589 (8th Cir.2003) (failure to file suit within 90 days of receiving notice of final agency action renders employment-discrimination action untimely); (2) the prior state court suit, which was removed to federal court and dismissed without prejudice, does not save the instant suit from a dismissal for untimeliness, see Gerhardson v. Gopher News. Co., 698 F.3d 1052, 1056 (8th Cir.2012); and

(3) McDowell failed to demonstrate that he was entitled to equitable tolling, see Hallgren, 331 F.3d at 590. The judgment is affirmed. See 8th Cir. R. 47B. . The Honorable P.K. Holmes, III, Chief Judge, United States District Court for the Western District of Arkansas.