05a60148r
12-01-2005
Patricia Holmes, Complainant, v. Alberto Gonzales, Attorney General, Department of Justice, Agency.
Patricia Holmes v. Department of Justice
05A60148
December 1, 2005
.
Patricia Holmes,
Complainant,
v.
Alberto Gonzales,
Attorney General,
Department of Justice,
Agency.
Request No. 05A60148
Appeal No. 01A52414
Agency No. P-2005-0048
DISMISSAL OF REQUEST FOR RECONSIDERATION
Complainant submitted a Request for Reconsideration on October 17, 2005
of the Commission's decision in Patricia Holmes v. Department of Justice,
EEOC Appeal No. 01A52414 (May 24, 2005).
By regulation, Requests for Reconsideration must be filed within 30
calendar days after the party receives our previous decision. 29 C.F.R. �
1614.405(b). A document is timely if it is received or postmarked before
the expiration of the applicable filing period, or, in the absence
of a legible postmark, is received by mail within five days of the
expiration of the applicable filing period. 29 C.F.R. � 1614.604(b).
We note that the Commission's previous decision included a Certificate
of Mailing indicating that for timeliness purpose, the Commission will
presume that this decision was received within five calendar days of
the May 24, 2005 mailing, or May 30, 2005. See 29 C.F.R. � 1614.604(d).
Therefore, in order to be considered timely, complainant had to file her
Request for Reconsideration no later than June 29, 2005. Complainant
filed her Request for Reconsideration on October 17, 2005, well beyond
the 30-day time limit. In her Request for Reconsideration, complainant
argues that she was misled into believing that her representative
was an attorney although he is not. Although we are sympathetic to
complainant's plight, we find that this is insufficient to waive the
applicable time limits in this case. Therefore, complainant's Request
for Reconsideration is hereby dismissed. The decision in EEOC Appeal
No. 01A52414 remains the Commission's final decision. There is no further
right of administrative appeal on the decision of the Commission on this
Request for Reconsideration.
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:
______________________________ _December 1, 2005__
Carlton M. Hadden, Director Date
Office of Federal Operations