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Tommie DAWSON, Plaintiff-Appellant v. WELLS FARGO CORPORATION, Defendant-Appellee

United States Court of Appeals for the Eighth Circuit2013-03-13No. No. 12-3400
500 F. App'x 544

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Opinion

majority opinion

PER CURIAM.

Tommie Dawson appeals the district court’s dismissal of his civil complaint. After careful review, we conclude that the dismissal was proper. Dawson’s Title VII claim was untimely, and there was no basis for tolling the time limits. See 42 U.S.C. § 2000e—5(f)(1) (civil action may be brought within 90 days of right-to-sue notice). Dawson also failed to state a fraud claim, because he did not allege that he acted in reliance on any false representation. See Northstar Indus., Inc. v. Merrill Lynch & Co., Inc., 576 F.3d 827, 832 (8th Cir.2009) (to establish fraud under Minnesota law, plaintiff must show, inter alia, that false representation by party caused other party to act in reliance thereon). Accordingly, we affirm. See 8th Cir. R. 47B.

. The Honorable Michael J. Davis, Chief Judge, United States District Court for the District of Minnesota.