05A31067
10-16-2003
Debby Sue, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Pacific Area), Agency.
Debby Sue v. United States Postal Service
05A31067
October 16, 2003
.
Debby Sue,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Pacific Area),
Agency.
Request No. 05A31067
Appeal No. 01A30254
Agency No. 4-F-950-0041-01
Hearing No. 370-A1-2465X
DISMISSAL OF REQUEST FOR RECONSIDERATION
Debby Sue (complainant) timely initiated a request to the Equal Employment
Opportunity Commission (EEOC or Commission) to reconsider the decision
in Debby Sue v. United States Postal Service, EEOC Appeal No. 01A30254
(February 12, 2003). The Commission presumes that its decision was
received by the parties within 5 calendar days of its mailing on February
12, 2003, and complainant has not claimed or shown that she received the
decision after February 17, 2003. A party may request reconsideration
within 30 days of receipt of a decision by the Commission. See 29
C.F.R. 1614 � 405(b). Consequently, complainant's July 24, 2003,
request is untimely filed. Therefore, as complainant's request for
reconsideration was filed beyond the 30-day time limit, her request for
reconsideration is DISMISSED.
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
October 16, 2003
__________________
Date