05a50635
04-22-2005
Cordell H. Schilmoeller, Complainant, v. Mike Johanns, Secretary, Department of Agriculture, Agency.
Cordell H. Schilmoeller v. Department of Agriculture
05A50635
04-22-05
.
Cordell H. Schilmoeller,
Complainant,
v.
Mike Johanns,
Secretary,
Department of Agriculture,
Agency.
Request No. 05A50635
Appeal No. 01992648
Agency No. 950810
DISMISSAL
Cordell H. Schilmoeller (complainant) initiated a request to the Equal
Employment Opportunity Commission to reconsider the decision in Cordell
H. Schilmoeller v. Department of Agriculture, EEOC Appeal No. 01992648
(March 22, 2002). The Commission's regulations require that requests
to reconsider be filed within thirty (30) calendar days of the date the
previous decision is received. See 29 C.F.R. � 1614.405(b). In the
previous decision, complainant was advised that his decision was presumed
received within five days of mailing. Complainant's request should have
been postmarked no later than April 30, 2002; however, the request was
postmarked on January 13, 2005. Complainant's explanation, that he was
aware of the time requirements but did not want to "jeopardize a long
standing friendship," is not sufficient to toll the time period within
which to file a request for reconsideration. See 29 C.F.R. �1614.604(c).
For this reason, complainant's request is dismissed. The decision
in EEOC Appeal No. 01992648 remains the Commission's final decision.
There is no further right of administrative appeal on a decision of the
Commission on a Request for Reconsideration.
STATEMENT OF COMPLAINANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
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 within ninety (90) calendar days from 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
___04-22-05_______________
Date