05a60213
03-21-2000
Cassandra A. Howell, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Cassandra A. Howell v. United States Postal Service
05A60213
March 21, 20006
.
Cassandra A. Howell,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A60213
Appeal No. 01A53123
Agency No. 4H-350-0169-03
Hearing No. 130-2004-00201X
DISMISSAL OF REQUEST FOR RECONSIDERATION
Cassandra A. Howell (complainant) requested reconsideration of the
decision in Cassandra A. Howell v. United States Postal Service,
EEOC Appeal No. 01A53123 (September 21, 2005). By the Commission's
regulations, complainant's request must be filed within 30 days of the
date she received the Commission's decision on appeal. 29 C.F.R. �
1614.405(b). The record indicates the Commission's decision was issued
on September 21, 2005, and that complainant was due to file her request
no later than October 21, 2005. Complainant filed her request on November
8, 2005.
In order to bypass the Commission's regulatory time frame for filing a
request for reconsideration, complainant must demonstrate extenuating
circumstances. 29 C.F.R. � 1614.604(c); See Mills v. Securities and
Exchange Commission, Request No. 05A50826 (August 3, 2005). We note
that complainant has proffered no reasons for her untimely request for
reconsideration. Therefore, the decision in EEOC Appeal No. 01A53123
remains the Commission's final decision. There is no further right of
administrative appeal on the decision of the Commission on this request.
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
__________________
Date