01971922
11-18-1998
Christopher D. Pitts, Appellant, v. Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.
Christopher D. Pitts v. Department of Veterans Affairs
01971922
November 18, 1998
Christopher D. Pitts, )
Appellant, )
)
v. ) Appeal No. 01971922
) Agency No. 96-0103
Togo D. West, Jr., ) EEOC No. 220-96-5165X
Secretary, )
Department of Veterans Affairs, )
Agency. )
_______________________________________)
DISMISSAL OF APPEAL
The record establishes that a civil action was filed on February 19, 1998,
in the United States District Court for the Southern District of Ohio on
the matters raised before this Commission. Accordingly, pursuant to EEOC
Regulation, 29 C.F.R. � 1614. 410, this appeal is administratively closed.
Dismissal of this appeal is done WITHOUT PREJUDICE to the further appeal
rights of appellant.
STATEMENT OF RIGHTS - ON APPEAL
RIGHT TO REQUEST REOPENING
This decision will become final within thirty (30) calendar days from
the date that you receive it, unless either party files a Request to
Reopen with in the thirty (30) day period.
The Commissioners may, in their discretion, reopen and reconsider the
decision in this case if the appellant or the agency submits a written
request and argument which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involves an erroneous interpretation of law or
regulation or misapplication of established policy; or
3. The previous decision is of a precedential nature involving a new or
unreviewed policy consideration that may have effects beyond the actual
case at hand or is otherwise of such an exceptional nature as to merit
the personal attention of the Commissioners.
Requests and supporting documents MUST be submitted to the Commission
and the opposing party within the thirty (30) day time frame for filing
a Request to Reopen. A cross Request to Reopen, or any argument in
opposition to the Request to Reopen, MUST be submitted to the Commission
and the opposing party within twenty (20) calender days of receipt of
the Request to Reopen. See 29 C.F.R. � 1614. 407(b). All requests and
arguments must bear proof of postmark and be submitted to the Director,
Office of Federal Operations, Equal Employment Opportunity Commission,
P.O. Box 19848, Washington, D.C. 20036. In the absence of postmark,
the Request to Reopen shall be deemed filed on the date it is received
by the Commission.
FOR THE COMMISSION:
Nov 18, 1998
DATE Ronnie Blumenthal, Director
Office of Federal Operations