05A21262_r
12-04-2002
Gloria C. Carvalho, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
Gloria C. Carvalho v. Department of the Navy
05A21262
December 4, 2002
.
Gloria C. Carvalho,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Request No. 05A21262
Appeal No. 01A22773
Agency Nos. DON 99-30270-002, DON 00-30270-001, DON 00-30270-003
DISMISSAL
Complainant initiated a request, postmarked September 12, 2002,
to the Commission to reconsider the decision in Gloria C. Carvalho
v. Department of the Navy, EEOC Appeal No. 01A22773 (August 6, 2002).
According to the August 6, 2002 decision, the Commission presumes that
the decision was received within 5 calendar days after it was mailed.
The record indicates that the decision was mailed on August 6, 2002.
A review of the decision reveals that the Commission properly advised
complainant that she had thirty 30 calendar days after receipt of
the decision to file her Request to Reconsider with the Commission.
Complainant's attorney has admitted receiving the prior Commission
decision on August 12, 2002. Furthermore, complainant's attorney has
admitted filing the Request to Reconsider beyond the 30-day time limit.
We find that complainant's September 12, 2002 filing was beyond the 30
day limitation period. Complainant has not offered adequate justification
for an extension of the applicable time limit for filing her Request for
Reconsideration. Accordingly, complainant's 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
December 4, 2002
__________________
Date