(Download) "Montoya V. Chao" by Tenth Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Montoya V. Chao
- Author : Tenth Circuit U.S. Court of Appeals
- Release Date : January 11, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Ernesto L. Montoya, formerly employed by the Mine Safety and Health Administration ("MSHA"), appeals the district court's dismissal of his national-origin and age discrimination claims against the MSHA for lack of jurisdiction, pursuant to Fed. R. Civ. P. 12(b)(1), due to his failure to file his suit in a timely manner. Montoya argues that the period of limitation prescribed by the Civil Service Reform Act ("CSRA") for bringing an action in federal court is not jurisdictional and that this limitations period should be equitably tolled to excuse his late filing. We agree with Montoya that the period of limitation is not jurisdictional and is subject to equitable tolling, but conclude that the district court did not abuse its discretion in finding that Montoya failed to show that equitable tolling is warranted in the present case. Exercising jurisdiction pursuant to 28 U. S. C. § 1291, we affirm.
 "Montoya V. Chao" by Tenth Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free){kind=link}