05a10007
12-19-2000
Bouasavah Syvongxay, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Bouasavah Syvongxay v. United States Postal Service
05A10007
December 19, 2000
.
Bouasavah Syvongxay,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A10007
Appeal No. 01995108
Agency No. 4-C-442-0093-99
DISMISSAL OF REQUEST FOR RECONSIDERATION
Complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Bouasavah
Syvongxay v. United States Postal Service, EEOC Appeal No. 01995108
(August 16, 2000). EEOC Regulation 29 C.F.R. � 1614.409 provides that
filing a civil action under � 1614.407 or � 1614.408 shall terminate
Commission processing of the appeal. EEOC Regulation 29 C.F.R. �
1614.407(c) provides that a complainant may file a civil action in
United States District Court within 90 days of receipt of the Commission's
final decision on an appeal.
The record indicates that on November 16, 2000, complainant filed a civil
action, Civil Action No. 5:00CV 2895, in the United States District
Court for the Northern District of Ohio, Eastern Division. Therein,
complainant raised her complaint at issue, including her subsequent appeal
to the Commission, concerning the denial of a permanent position within
the agency. We note that complainant's civil action was filed within the
90-day period. Accordingly, complainant's request for reconsideration
is hereby 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
December 19, 2000
__________________
Date