Eddie A. Mitchellv.Department of Justice 05A10783 11-21-01 .Eddie A. Mitchell, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.

Equal Employment Opportunity CommissionNov 21, 2001
05a10783 (E.E.O.C. Nov. 21, 2001)

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

____11-21-01______________________________

Date