05990048_r
05-15-2001
Ezzard C. Batiste v. Department of the Air Force
05990048
May 15, 2001
.
Ezzard C. Batiste,
Complainant,
v.
Lawrence J. Delaney,
Acting Secretary,
Department of the Air Force,
Agency.
Request No. 05990048
Appeal No. 01975682
Agency No. AL900970536
DISMISSAL OF REQUEST FOR RECONSIDERATION
On October 9, 1998, complainant initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Ezzard C. Batiste v. Department of the Air Force,
EEOC Appeal No. 01975682 (September 4, 1998). A party may request
reconsideration within 30 days of receipt of a decision by the Commission.
See 29 C.F.R. � 1614.405(b). The record indicates that the Commission's
decision was received by complainant on September 8, 1998. Therefore,
as complainant's request for reconsideration was filed one day beyond
the 30 day time limit, his 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
May 15, 2001
__________________
Date