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    Eleanor Kelly O'Neill v. Barbara Ann Eller, and Others, 883 F.2d 69, 4th Cir. (1989)

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    Eleanor Kelly O'Neill appealed the district court's dismissal of her Title VII action. The Fourth Circuit affirmed the district court's ruling, agreeing with the magistrate's recommendation to dismiss the case. The appeals court found the appeal was without merit based on the reasoning of the district court. It also noted that even if O'Neill had filed her complaint on the earlier date she claimed, it still would have been one day past the 30-day filing deadline under the applicable statute. The Fourth Circuit dispensed with oral argument and affirmed the dismissal.

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    Eleanor Kelly O'Neill v. Barbara Ann Eller, and Others, 883 F.2d 69, 4th Cir. (1989)

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    Eleanor Kelly O'Neill appealed the district court's dismissal of her Title VII action. The Fourth Circuit affirmed the district court's ruling, agreeing with the magistrate's recommendation to dismiss the case. The appeals court found the appeal was without merit based on the reasoning of the district court. It also noted that even if O'Neill had filed her complaint on the earlier date she claimed, it still would have been one day past the 30-day filing deadline under the applicable statute. The Fourth Circuit dispensed with oral argument and affirmed the dismissal.

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    Filed: 1989-08-25 Precedential Status: Non-Precedential Citations: 883 F.2d 69 Docket: 89-2936

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    Eleanor Kelly O'Neill appealed the district court's dismissal of her Title VII action. The Fourth Circuit affirmed the district court's ruling, agreeing with the magistrate's recommendation to dismiss the case. The appeals court found the appeal was without merit based on the reasoning of the district court. It also noted that even if O'Neill had filed her complaint on the earlier date she claimed, it still would have been one day past the 30-day filing deadline under the applicable statute. The Fourth Circuit dispensed with oral argument and affirmed the dismissal.

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    Eleanor Kelly O'Neill v. Barbara Ann Eller, and Others, 883 F.2d 69, 4th Cir. (1989)

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    Eleanor Kelly O'Neill appealed the district court's dismissal of her Title VII action. The Fourth Circuit affirmed the district court's ruling, agreeing with the magistrate's recommendation to dismiss the case. The appeals court found the appeal was without merit based on the reasoning of the district court. It also noted that even if O'Neill had filed her complaint on the earlier date she claimed, it still would have been one day past the 30-day filing deadline under the applicable statute. The Fourth Circuit dispensed with oral argument and affirmed the dismissal.

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    883 F.

    2d 69
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Eleanor Kelly O'NEILL, Plaintiff--Appellant,
    v.
    Barbara Ann ELLER, and Others, Defendants--Appellees.
    No. 89-2936.

    United States Court of Appeals, Fourth Circuit.


    Submitted May 24, 1989.
    Decided Aug. 9, 1989.
    Rehearing and Rehearing In Banc Denied Aug. 25, 1989.

    Eleanor Kelly O'Neill, appellant pro se.


    Rudolf A. Renfer, Jr., Office of The United States Attorney, for appellees.
    Before WIDENER, PHILLIPS, and WILKINSON, Circuit Judges.
    PER CURIAM:

    Eleanor Kelly O'Neill seeks to appeal the district court's order dismissing her
    Title VII action. 42 U.S.C. Sec. 2000e-16(c). Our review of the record and the
    district court's opinion accepting the recommendation of the magistrate
    discloses that this appeal is without merit. Accordingly, we affirm on the
    reasoning of the district court.* O'Neill v. Eller, C/A No. 88-37 (E.D.N.C. Dec.
    21, 1988). We dispense with oral argument because the facts and legal
    contentions are adequately presented in the materials before the Court and
    argument would not aid the decisional process.

    AFFIRMED.

    On appeal, O'Neill maintains that her complaint was filed in the Middle District
    of Florida on April 28, 1987, rather than on May 13, 1987, as stated by the
    magistrate. However, April 28 was still one day after expiration of the 30-day
    filing period established by 42 U.S.C. Sec. 2000e-16(c)

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