Stuart

Stuart v. Teamsters Local Union No. 117

Good Law
24 F. App'x 675
United States Court of Appeals for the Ninth CircuitNovember 15, 2001No. 01-35571; D.C. No. CV-01-293LCalifornia297 words

Opinion

Lead Opinion

*676 MEMORANDUM **

Barbara A. Stuart appeals pro se the judgment of the district court dismissing Stuart’s complaint with prejudice as time-barred and for failure to exhaust administrative remedies. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo dismissals pursuant to Fed.R.Civ.P. 12(c). See Weeks v. Bayer, 246 F.3d 1231, 1234 (9th Cir.2001). We may affirm on any ground supported by the record. Smith v. Block, 784 F.2d 993 , 996 n. 4 (9th Cir.1986).

Because Stuart failed to file her complaint within six months of the date her action accrued, the district court properly determined that her unfair representation claim was time-barred. See DelCostello v. Int’l Bhd. of Teamsters, 462 U.S. 151, 154-55 , 103 S.Ct. 2281 , 76 L.Ed.2d 476 (1983). Stuart’s reliance on 29 U.S.C. § 185 is unavailing, as that provision does not alter the 6 month statute of limitations set out in 29 U.S.C. § 160 (b) which is applicable to employees’ claims against unions. See id.

With respect to her discrimination claim, the district court did not err by dismissing with prejudice because Stuart did not file her district court complaint within 90 days of receiving her…

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