05A20264
08-14-2002
Christopher Bean, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Christopher Bean v. United States Postal Service
05A20264
August 14, 2002
.
Christopher Bean,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A20264
Appeal No. 01A13066
Agency No. 4-J-606-0296-98
Hearing No. 210-A0-6198X
DISMISSAL OF REQUEST FOR RECONSIDERATION
By Notice of Request for Reconsideration postmarked January 2, 2002,
the complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Christopher
Bean v. United States Postal Service, EEOC Appeal No. 01A13066 (July
19, 2001).
The appeal decision's Certificate of Mailing indicates that the decision
was mailed to the complainant on July 19, 2001, and the Commission
presumes that the decision was received at the complainant's address
of record on July 24, 2001. The appeal decision properly advised the
complainant that he had thirty (30) calender days after receipt of
the appeal decision to file his request for reconsideration with the
Commission. Therefore, in order to be considered timely, the complainant
had to file his request for reconsideration no later than August 23, 2001.
The complainant failed to explain his untimeliness. Accordingly, the
complainant's January 2, 2002, request for reconsideration is hereby
DISMISSED. See 29 C.F.R. � 1614.405(b).
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
August 14, 2002
__________________
Date