03A40129
09-16-2004
Henry Cabone, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Henry Cabone v. United States Postal Service
03A40129
September 16, 2004
.
Henry Cabone,
Petitioner,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Petition No. 03A40129
MSPB No. SF-0752-01-0569-I-3
DENIAL OF CONSIDERATION
The petitioner filed a timely petition with the Equal Employment
Opportunity Commission (EEOC or Commission) for review of the final
order of the Merit Systems Protection Board (MSPB) dated July 1, 2004.
The petitioner claimed before the MSPB that he was discriminated against
based on his disabilities and in reprisal for prior EEO activity when
he was terminated effective July 23, 2001 for creating a hostile work
environment. In its initial decision, the MSPB upheld the removal and
found no discrimination. The MSPB denied the petitioner's petition for
review of the initial decision.
The petitioner filed an appeal from the MSPB's action with the United
States Court of Appeals for the Federal Circuit. It was docketed as
number 04-3418.
The petitioner's petition of the MSPB's final decision is denied on
the grounds that he filed an appeal to review the same decision with
the United States Court of Appeals for the Federal Circuit, which is
still pending.<1> Accordingly, the Commission denies the petitioner's
petition for review.
PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0900)
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,
based on the decision of the Merit Systems Protection Board, within
thirty (30) calendar days of 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
September 16, 2004
__________________
Date
1As of September 14, 2004, the appeal was still pending.