Blondine Swain v. New York Life Insurance Co.

979 F.2d 856 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Blondine SWAIN, Plaintiff-Appellant, v. NEW YORK LIFE INSURANCE CO., Defendant-Appellee. No. 92-15124. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Nov. 18, 1992. Before SCHROEDER, FLETCHER and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 Blondine Swain appeals pro se the district court's dismissal of her Title VII employment discrimination action against New York Life as time-barred under 42 U.S.C. § 2000e-5(f)(1). Swain contends that: (1) 42 U.S.C. § 2000e-5(f)(1) permits her to file a complaint in district court within 90 business, rather than calendar, days of receiving a right to sue letter from the Equal Employment Opportunity Commission (EEOC); (2) the right-to-sue letter was ambiguous and misleading; (3) she should have been allowed a grace period within which to file her complaint; and (4) she is entitled to a decision on the merits of her discrimination…