
USCA1 Opinion

	




          December 8, 1993                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 93-1437                                   JESSICA D. WOOD,                                 Plaintiff, Appellee,                                          v.                            MANAGEMENT SEARCH CORPORATION,                                 Defendant, Appellee.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF MASSACHUSETTS                    [Hon. Frank H. Freedman, U.S. District Judge]                                             ___________________                                 ____________________                                        Before                                Cyr, Boudin and Stahl,                                   Circuit Judges.                                   ______________                                 ____________________            Jessica D. Wood on brief pro se.            _______________            Debra  I.  Lerner and  Long,  Racicot  & Bourgeois  on  brief  for            _________________      ___________________________        appellee.                                 ____________________                                 ____________________                      Per  Curiam.  Plaintiff Jessica D. Wood appeals the                      ___________            dismissal of her  Title VII  claim as not  timely filed.   We            find no  error and affirm essentially for  the reasons stated            in the district court's memorandum  and order dated March 17,            1993.    Wood   admittedly  received  the   Equal  Employment            Opportunity Commission's  determination and  90-day right-to-            sue notice on  September 21, 1990.  This  complaint was filed            91 days  later, on  December 21, 1990.   Compliance  with the            Title VII time  for filing a federal suit,  42 U.S.C.  2000e-            5(f)(1), is  a statutory  prerequisite: a  complaint must  be            filed  within 90  days of  receipt of  the EEOC  right-to-sue                                       _______            letter.     "In  the   absence  of  a   recognized  equitable            consideration, the  court cannot extend the limitation period            by even one day."  Rice  v. New England College, 676 F.2d  9,                               ____     ___________________            11  (1st  Cir. 1982);  see  also Peete  v.  American Standard                                   ___  ____ _____      _________________            Graphic, 885 F.2d 331, 331-32  (6th Cir. 1989); Harvey v. New            _______                                         ______    ___            Bern Police Dep't., 813 F.2d  652, 653 (4th Cir. 1987); Mosel            __________________                                      _____            v.  Hills Dep't.  Store, Inc.,  789  F.2d 251,  252 (3d  Cir.                _________________________            1986).  As Wood does not claim that she had insufficient time            within which to  act, and no equitable  reasons are presented            to warrant disregarding  the 90-day rule, the  district court            correctly dismissed the complaint as untimely.                      Affirmed.                         ________
