05A50090
11-10-2004
Robbie A. Brown, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Robbie A. Brown v. United States Postal Service
05A50090
November 10, 2004
.
Robbie A. Brown,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A50090
Appeal No. 01A43412
Agency No. 4-H-310-0040-03
Hearing No. 110-2004-00011X
DENIAL OF REQUEST FOR RECONSIDERATION
By her request postmarked September 29, 2004, Robbie A. Brown
(complainant) initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Robbie
A. Brown v. United States Postal Service, EEOC Appeal No. 01A43412
(August 18, 2004).
For timeliness purposes, the Commission presumes that the previous
decision was received within five (5) calendar days after it was mailed.
Therefore, we presume complainant received the previous decision by August
23, 2004. A review of the previous decision reveals that complainant
was advised that she had thirty (30) calendar days after receipt of the
previous decision to file her request for reconsideration. Therefore,
in order to be considered timely, complainant had to file her request
no later than September 22, 2004. Complainant has not offered any
justification for an extension of the applicable time limit for filing
her appeal. Accordingly, complainant's September 29, 2004, request
for reconsideration is hereby dismissed. The decision in EEOC Appeal
No. 01A43412 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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
November 10, 2004
__________________
Date