05a60299
12-22-2005
Linda D. Starkey, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.
Linda D. Starkey v. Department of Veterans Affairs
05A60299
December 22, 2005
.
Linda D. Starkey,
Complainant,
v.
R. James Nicholson,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A60299
Appeal No. 01A52181
Agency No. 2004-0512-2003101532
Hearing No. 120-2004-00294X
DISMISSAL OF REQUEST FOR RECONSIDERATION
Linda D. Starkey (complainant) requested reconsideration of the
decision in Linda D. Starkey v. Department of Veterans Affairs, EEOC
Appeal No. 01A52181 (May 31, 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 May 31,
2005 and that complainant was due to file her request no later than July
5, 2005. Complainant filed her request on November 21, 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). Complainant
argues that her untimely request should be accepted due to the fact
that she was undergoing treatment for cancer. Although complainant's
medical condition is undoubtedly serious, she failed to show that she
was incapacitated and that such incapacity prevented her from filing in
a timely manner. See e.g. Humphries v. United States Postal Service,
EEOC Appeal No. 01A20637 (April 19, 2002). Therefore, the decision
in EEOC Appeal No. 01A52181 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
December 22, 2005
__________________
Date