03a20048
06-20-2002
Blenda Fulbright Petitioner, v. Paul H. O'Neill, Secretary, Department of the Treasury, Agency.
Blenda Fulbright v. Dept. of the Treasury
03A20048
June 20, 2002
.
Blenda Fulbright
Petitioner,
v.
Paul H. O'Neill,
Secretary,
Department of the Treasury,
Agency.
Petition No. 03A20048
MSPB No. CH-0752-00-0557-I-1
DENIAL OF CONSIDERATION
In March 2002, Blenda Fulbright (hereinafter referred to as petitioner)
filed a petition with the Equal Employment Opportunity Commission (EEOC)
regarding the Merit Systems Protection Board's (MSPB or the Board) final
decision on her case. The petition is governed by the Civil Service
Reform Act of 1978 and EEOC Regulations at 29 C.F.R. �1614.101 et seq.
The record indicates that petitioner was removed from her position for
failing to file income tax returns over a three year period. In the
initial decision dated August 31, 2000, the MSPB Administrative Judge,
in upholding petitioner's removal, noted that petitioner failed to pursue
her claims of disability and age discrimination during the hearing and
found she had abandoned those claims. Petitioner appealed to the full
Board. The Board's Order of August 30, 2001denied petitioner's request
of the initial decision on the grounds that it failed to meet the
statutory criteria therefor. The final Order included appeal rights
to the Commission.
In her petition to the Commission, petitioner included a copy of papers
indicating that she had filed with the United States Court of Appeals for
the Federal Circuit that was dated by the Court as received on January
4, 2002 and was docketed as 02-3088. As of June 12, 2002 the matter
was still pending before the Court. Because petitioner already has
appealed the MSPB's decision to the Federal Circuit, she may not also
file a petition for review on the same matter. See 29 C.F.R. �1614.409.
Consequently, the Commission denies the petition for review.
STATEMENT OF PETITIONER'S RIGHTS
PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0900)
This decision of the Commission is final, and there is no further right of
administrative appeal from the Commission's decision. You have the right
to file a civil action in an appropriate United States District Court,
based on the decision of the Merit Systems Protection Board, within
thirty (30) calendar days of the date that you receive this decision.
If you file a civil action, you must name as the defendant in the
complaint the person who is the official agency head or department head,
identifying that person by his or her full name and official title.
Failure to do so may result in the dismissal of your case in court.
"Agency" or "department" means the national organization, and not the
local office, facility or department in which you work.
RIGHT TO REQUEST COUNSEL (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
June 20, 2002
__________________
Date