05A20514
06-25-2002
Robert E. Goodson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Robert E. Goodson v. United States Postal Service
05A20514
06-25-02
.
Robert E. Goodson,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A20514
Appeal No. 01A00896
Agency No. 4E-800-0291-99
DISMISSAL OF REQUEST FOR RECONSIDERATION
Robert E. Goodson (complainant) initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Robert E. Goodson v. United States Postal Service, EEOC Appeal
No. 01A00896 (May 30, 2000). By regulation, requests for reconsideration
must be filed within thirty (30) calendar days after the party receives
our previous decision. 29 C.F.R. � 1614.405(b). A document is timely
if it is received or postmarked before the expiration of the applicable
filing period. 29 C.F.R. � 1614.604(b).
The previous decision was presumed to have been received by complainant
within five (5) days of being sent on May 30, 2000. The decision informed
complainant of his right to request reconsideration, the regulatory
time limit to do so, and the EEOC address where the request should be
sent. Complainant's request for reconsideration was filed on March 14,
2002, over a year and a half after the thirty (30) calendar day limitation
period. Complainant has not submitted adequate argument or evidence to
justify his delay.
Accordingly, complainant's request for reconsideration is untimely and
is DISMISSED. The Commission's decision in EEOC Appeal No. 01A00896
remains the Commission's final decision in this matter. There is no
further right of administrative appeal on the decision of the Commission
on this 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
___06-25-02_______________
Date