03A20051
04-30-2002
Francisco Cuevas, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Francisco Cuevas v. United States Postal Service
03A20051
04-30-02
.
Francisco Cuevas,
Petitioner,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Petition No. 03A20051
MSPB No. CH-3443-01-0579-I-1
DENIAL OF CONSIDERATION
On March 2, 2002, Francisco Cuevas (hereinafter referred to as petitioner)
filed a petition with the Equal Employment Opportunity Commission (EEOC)
regarding the Merit Systems Protection Board's (MSPB or the Board) final
decision on his case. The petition is governed by the Civil Service
Reform Act of 1978 and EEOC Regulations at 29 C.F.R. � 1614.303 et seq.
The record indicates that petitioner's petition included a copy of the
Final Order of the MSPB, dated June 22, 2001. The Board's Order denied
petitioner's request of the initial decision on the grounds that it
failed to meet the statutory criteria therefor. The Final Order did
not include appeal rights to the Commission.
On April 22, 2002, the MSPB advised the Commission that petitioner had
filed an appeal with the United States Court of Appeals for the Federal
Circuit, which was docketed as No. 02-3175. Because petitioner already
has appealed the MSPB's decision to the Federal Circuit, he may not
also file a petition for review with the Commission on the same matter.
See 29 C.F.R. � 1614.409. Consequently, the Commission denies the
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
______04-30-02____________
Date