De Los Reyes v. Southwest Gas Corp.

MEMORANDUM **

Richard De Los Reyes appeals from the district court’s judgment dismissing his complaint for failure to state a claim upon which relief could be granted, under Federal Rule of Civil Procedure 12(b)(6). We affirm. Because the parties are familiar with the factual and procedural history of this case, we do not recount it here.

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The district court correctly concluded that Reyes’s Title VII claim was time-barred because Reyes did not file the claim within 90 days after the EEOC issued a right-to-sue letter. Title VII claims must be filed within ninety days after receipt of a right-to-sue letter. Surrell v. Cal. Water Serv. Co., 518 F.3d 1097, 1104 (9th Cir.2008) (citing 42 U.S.C. § 2000e-5(f)(1)); Nelmida v. Shelly Eurocars, Inc., 112 F.3d 380, 383 (9th Cir.1997) (“This ninety-day period is a statute of limitations.”).

Reyes does not dispute that he personally received the letter, and absent such a dispute, we presume he received it within three days after the EEOC issued it. See Payan v. Aramark Mgmt. Servs. Ltd. P’ship, 495 F.3d 1119, 1125 (9th Cir.2007). The letter was dated February 10, 2006, so we presume Reyes received it by February 13, 2006. Therefore,…