05A20458_r
08-28-2002
Ralph W. Timberlake, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Ralph W. Timberlake v. United States Postal Service
05A20458
August 28, 2002
.
Ralph W. Timberlake,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A20458
Appeal No. 01A15206
Agency No. 4-H-351-0065-01
DISMISSAL OF REQUEST FOR RECONSIDERATION
Ralph W. Timberlake (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Ralph W. Timberlake v. United States Postal Service,
EEOC Appeal No. 01A15206 (February 6, 2002).
On May 24, 2002 complainant filed a civil action (identified as Civil
Action No. CV-02-PT-00111-NE) in the United States District Court for
the Northern District of Alabama. The record further discloses that
the claims raised therein are the same as those raised in the instant
complaint. EEOC Regulations provide at 29 C.F.R. � 1614.409 that
the filing of a civil action "shall terminate Commission processing
of the appeal." Commission regulations mandate dismissal of the EEO
complaint under these circumstances so as to prevent a complainant
from simultaneously pursuing both administrative and judicial remedies
on the same matters, wasting resources and creating the potential
for inconsistent or conflicting decisions, and in order to grant due
deference to the authority of the federal district court. See Stromgren
v. Department of Veterans Affairs, EEOC Request No.05891079 (May 7,
1990). Accordingly, complainant's request for reconsideration is hereby
dismissed.
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
August 28, 2002
__________________
Date