A federal magistrate recommends dismissing a lawsuit filed against the Selma School Board by a former Selma High assistant principal.

Levi Marshall waited a day too late to file the lawsuit under his right to sue letter granted him by the Equal Employment Opportunity Commission. He had 90 days to file, according to a report filed in U.S. District Court by Magistrate Judge Sonja F. Bivins.

Marshall sued the school board, saying he was transferred from his position at Selma High to another in the system because the school board wanted to hire a younger female.

Marshall worked at Selma High from August 2004 until May 2007.

He alleges when he opposed the move to another position, the school board retaliated by firing him on May 6, 2008.

The school board denied Marshall’s claim.

Marshall has until Nov. 21 to file objections to the magistrate’s recommendation.