Jackson v. Rent-a-Center West, Inc.

MEMORANDUM **

Antonio Jackson (“Jackson”) appeals the district court’s dismissal of his Title VII and 42 U.S.C. § 1981 claims against Rent-a-Center West, Inc. (“RAC”). The parties are familiar with the facts of this case, and we repeat them only to the extent necessary to understand our disposition. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the district court’s decision.

By statute, Jackson had ninety days from the EEOC’s issuance of a right-to-sue letter in which to file his Title VII cause of action. 42 U.S.C. § 2000e-5(f)(l) (2000); Fed.R.Civ.P. 8. According to the court’s records, Jackson filed his first complaint, titled “First Amended Complaint,” nearly a month past the ninety-day window. Jackson’s Title VII claim was thus untimely.

Jackson claimed a technical glitch prevented his timely complaint from appearing on the docket. However, he provided insufficient evidence to prove a complaint was filed within that ninety-day window. He now attempts to proffer additional evidence, but that evidence is not part of the record on appeal. See Fed. R.App. P. 10(a); United States v. Sherwin, 539 F.2d 1 , 5 n. 4 (9th Cir.1976) (“We cannot accept the [appellant’s]…