justification to extend the limitations period. None has been presented.
Plaintiff's complaint makes general allegations as to the unfairness of the thirty-day rule with respect to unrepresented parties and that he did not know of the thirty-day rule. Ignorance of this rule has been held to be not to be enough to invoke the court's equitable tolling powers. Caplinger v. Marsh, 761 F. Supp. 670 (E.D. Mo. 1991). Moreover, the EEOC requires that posters be displayed to apprise employees of this limitation period, a provision almost certainly implemented to combat this type of ignorance. There is no indication the posters were not properly displayed at the Chicago Ridge post office. See Posey v. Skyline Corp., 702 F.2d 102 (7th Cir. 1983) (failure to post requires tolling). Plaintiff almost certainly passed these posters informing him of these deadlines, even in his short tenure with the Postal Service. Further, as defendant's memorandum points out, plaintiff admitted that he would have had difficulty meeting the deadline even had he known of it because "he would have had difficulty alighting within [that time]."
The case of McAlister v. Secretary of Dept. of Health and Human Servs., 900 F.2d 157 (8th Cir. 1990), is strikingly similar to the case at bar. There, plaintiff complained he was discriminated against by the Department of Health and Human Services because of his hearing impairment. He, too, missed the thirty-day deadline for filing an action and the trial court dismissed the action. The appellate court considered plaintiff's contention that the district court erred when it dismissed plaintiff's claims for failure to follow the thirty-day requirement. Despite plaintiff's objections, that court held among other reasons, that the claim was barred. Id. at 158.
In this case, plaintiff has alleged he should not be time-barred in seeking judicial review of his case. However, plaintiff, by his own admission, failed to comply with the thirty-day rule. Further, he has failed to provide a persuasive reason for this court to invoke its equitable tolling power. Therefore, the claim based on constructive discharge from the Chicago Ridge facility is dismissed for failure to meet the requirements of 29 C.F.R. § 1613.214(a)(1)(i).
With regard to the Moraine Valley and Brookfield positions, plaintiff claimed in his complaint that those positions were withdrawn because of his handicap. At the administrative level, the Postal Service waived objection to the failure of Barrett to file these claims in a timely manner and that body eventually denied the claim. All agency decisions involving federal employee discrimination are entitled to de novo review. Kontos v. U.S. Dept. of Labor, 826 F.2d 573 (7th Cir. 1987). Therefore, the actions of the parties in prior proceedings have no effect here. The defendant here again contends that defendant violated the time limit and therefore the claim is time-barred. Again, the court agrees.
With regard to those jobs, plaintiff has again failed to meeting the same thirty-day time deadline as imposed by 29 C.F.R. § 1613.214(a)(1)(i). The complaints concerning these two jobs were filed seven and five months after the alleged discriminatory action, respectively. For these two contentions the Postal Service waived the deficiencies. However, this court is required to examine itself, de novo, whether tolling is appropriate here. McGinty, 900 F.2d at 1118. As discussed in sufficient detail above, plaintiff has offered no convincing argument why equitable tolling should be invoked. He has delayed for apparently no reason other than his own neglect. Tolling should not be implemented to condone this type of activity. Thus Barrett's claims regarding the Moraine Valley and Brookfield positions are also dismissed. Because of the court's disposition, the court need not consider defendant's other arguments.
Defendant has moved pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss plaintiff's claims. Plaintiff needlessly delayed at least five months in pursuing his administrative remedies on all claims. After a de novo review of the claims, this delay cannot be sanctioned by the court. Therefore, the court dismisses the complaint in full.
IT IS SO ORDERED.
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