Herrera v. Las Cruces Public Schools
Court of Appeals for the Tenth Circuit
1Opinion of the Court
ORDER AND JUDGMENT *
Mary Beck Briscoe, Circuit Judge
Christina Herrera appeals the district court’s dismissal of her action as untimely filed. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm the dismissal but remand with directions for the district court to enter its dismissal without prejudice.
I. BACKGROUND
Ms. Herrera filed an action in New Mexico state court against her former employer, Las Cruces Public Schools, and two former co-workers. She asserted three claims: (1) “Disability Discrimination and Retaliation”; (2) “Retaliatory Discharge”; and (3) “Intentional Infliction of…
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