05A30955_r
07-22-2003
Omar R. Osahar, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Omar R. Osahar v. United States Postal Service
05A30955
July 22, 1003
.
Omar R. Osahar,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A30955
Appeal No. 01994151, et al.
Agency No. 1H-331-0053-97. et al.
DISMISSAL
Complainant requested reconsideration of the Commission's decision in Omar
R. Osahar v. United States Postal Service, EEOC Appeal No. 01994151, et
al. (February 27, 2002). By complaint dated July 24, 2002, complainant
filed a civil action (identified as Civil Action No. 02-22227) in the
United States District Court for the Southern District of Florida.
The record further discloses that the claims raised therein are the
same as those raised in the instant complaint. The regulation found at
29 C.F.R. � 1614.409 provides that the filing of a civil action "shall
terminate Commission processing of the appeal."
Accordingly, complainant's request for reconsideration is hereby
DISMISSED.
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
July 22, 2003
__________________
Date