Harris v. Brock

MEMORANDUM OPINION AND ORDER

BRIAN BARNETT DUFF, District Judge.

A federal employee has thirty days in which to file a Title VII suit after receiving notice of his department’s final disposition of his charge of discrimination. 42 U.S.C. § 2000e-16. Plaintiff filed this Title VII action against the United States 213 days after receiving such notice, and defendants move to dismiss the complaint as untimely.

Plaintiff initially filed suit within the 30-day filing period, but voluntarily dismissed the complaint after defendants objected to his failure to obtain service within 120 days, as required…