Richard G. ESPINOZA, Plaintiff-Appellant, v. MISSOURI PACIFIC RAILROAD CO., Defendant-Appellee

RANDALL, Circuit Judge:

Richard G. Espinoza appeals the district court’s dismissal for lack of subject matter jurisdiction of his suit against his employer, Missouri Pacific Railroad Co., alleging racial discrimination in employment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. The district court concluded that it lacked jurisdiction because Espinoza did not file suit within ninety days after notice of his right to sue Missouri Pacific was given by the Equal Employment Opportunity Commission. We affirm.

The statute, 42 U.S.C. § 2000e-5(f)(1), provides…