05a30100
03-10-2003
Sherry Easley, Complainant, v. John Ashcroft, Attorney General, Department of Justice (USM), Agency.
Sherry Easley v. Department of Justice (USM)
05A30100
03-10-03
.
Sherry Easley,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice (USM),
Agency.
Request No. 05A30100
Appeal No. 01A10833
Agency No. M-97-0016
Hearing No. 100-A0-7272X
DECISION ON REQUEST TO RECONSIDER
On October 16, 2002, Sherry Easley (complainant) timely initiated a
request to the Equal Employment Opportunity Commission to reconsider
the decision in Sherry Easley v. John Ashcroft, Attorney General,
Department of Justice (USM), EEOC Appeal No. 01A10833 (April 10, 2002).
EEOC regulations require that requests to reconsider be filed within
thirty (30) calendar days of the date the previous decision is received.
29 C.F.R. � 1614.405(b). Including a five-day period for receipt by
complainant, the request should have been postmarked no later than
May 20, 2002; however, the request was postmarked on October 16,
2002.<1> Complainant offered no explanation for the delay. See 29
C.F.R. �1614.604(c).
For this reason, complainant's request is dismissed. The decision
in EEOC Appeal No. 01A10833 (April 10, 2001) remains the Commission's
final decision. There is no further right of administrative appeal on
a decision of the Commission on a Request for Reconsideration.<2>
STATEMENT OF COMPLAINANT'S RIGHTS - ON 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
____03-10-03______________
Date
1As stated in the previous decision, the Commission presumes that
complainant received the decision within five (5) calendar days of the
date it was mailed.
2Complainant is advised that her complaint is pending at the EEOC
Washington Field Office for a hearing and has been docketed as EEOC
Hearing No. 100-02-7858X.