05a10783
11-21-2001
Eddie A. Mitchell v. Department of Justice 05A10783 11-21-01 .Eddie A. Mitchell, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.
Eddie A. Mitchell v. Department of Justice
05A10783
11-21-01
.Eddie A. Mitchell,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Request No. 05A10783
Appeal No. 01980135
DENIAL OF REQUEST FOR RECONSIDERATION
On June 13, 2001, Eddie A. Mitchell (hereinafter referred to as
complainant) initiated an appeal to the Equal Employment Opportunity
Commission (Commission) to reconsider the decision in Eddie A. Mitchell
v. John Ashcroft, Attorney General, Department of Justice, EEOC Appeal
No. 01980135 (May 31, 2001). EEOC Regulations provide that the Commission
may, in its discretion, reconsider any previous decision where the party
demonstrates that: (1) the previous decision involved a clearly erroneous
interpretation of material fact or law; or (2) the decision will have a
substantial impact on the policies, practices, or operation of the agency.
29 C.F.R. � 1614.405(b).
After a review of complainant's request for reconsideration,
the previous decision, and the entire record, the Commission finds
that complainant's request does not meet the criteria in 29 C.F.R. �
1614.405(b). Therefore, it is the decision of the Commission to deny
complainant's request. The decision in EEOC Appeal No. 01980135 (May
31, 2001) remains the Commission's final decision. There is no further
right of administrative appeal on a decision of the Commission on this
Request for Reconsideration.
STATEMENT OF 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
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Date