Beach v. Wake County School System ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
ROGER A. BEACH,
Plaintiff-Appellant,
v.
No. 99-1079
WAKE COUNTY PUBLIC SCHOOL
SYSTEM,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of North Carolina, at Raleigh.
Terrence W. Boyle, Chief District Judge.
(CA-98-621-5-BO2)
Submitted: March 23, 1999
Decided: April 9, 1999
Before WIDENER and ERVIN, Circuit Judges, and
BUTZNER, Senior Circuit Judge.
_________________________________________________________________
Vacated and remanded by unpublished per curiam opinion.
_________________________________________________________________
COUNSEL
Roger A. Beach, Appellant Pro Se.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
_________________________________________________________________
OPINION
PER CURIAM:
Roger A. Beach appeals from the dismissal of his Age Discrimina-
tion in Employment action. The district court dismissed the action as
frivolous upon a conclusion that it had been untimely filed. In his
complaint, Beach alleged a continuing violation of the ADEA starting
from August 11, 1989, but did not include either proof of the charge
he filed with the EEOC or the right to sue letter he had received from
the EEOC. Included with his informal brief filed in this court, how-
ever, was his right to sue letter. Review of this letter reveals that
Beach filed his complaint in the district court within the ninety day
period set forth therein. Because Beach should have been allowed to
particularize his complaint to include his right to sue letter, we vacate
the district court's order and remand this action to the district court.*
See Johnson v. Silvers, 742 F.2d 823, 825 n.2 (4th Cir. 1984). We dis-
pense with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
VACATED AND REMANDED
_________________________________________________________________
*By this disposition, we indicate no opinion regarding either the merits
of Beach's claims or any defenses thereto or whether he properly
exhausted his administrative remedies.
2