Robbie A. Brown, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionNov 10, 2004
05A50090 (E.E.O.C. Nov. 10, 2004)

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