Joe Wells v. Christian Hospital

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 03-3612 ___________ Joe Wells, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Christian Hospital, * * [UNPUBLISHED] Appellee. * ___________ Submitted: October 6, 2004 Filed: October 13, 2004 ___________ Before MELLOY, LAY, and COLLOTON, Circuit Judges. ___________ PER CURIAM. Joe Wells appeals the district court’s1 adverse grant of summary judgment in his action under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101- 12213, against his former employer. Having carefully conducted de novo review, see Meyers v. Neb. Health and Human Servs., 324 F.3d 655, 658-59 (8th Cir. 2003), we agree with the district court that the instant complaint is untimely, and that neither Wells’s illness nor his lack of counsel during the period of time when he was required to file his suit justifies equitable tolling of the limitations period. We also find no 1 The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri. abuse of discretion in the district court’s refusal to appoint counsel for Wells in this case. Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Wells’s pending motions. ______________________________ -2-