0320070067
05-25-2007
Shirley T. Coleman, Petitioner, v. Michael W. Wynne, Secretary, Department of the Air Force, Agency.
Shirley T. Coleman,
Petitioner,
v.
Michael W. Wynne,
Secretary,
Department of the Air Force,
Agency.
Petition No. 0320070067
MSPB No. DC-0752-02-0777-I-1
DECISION
Petitioner filed a petition with the Equal Employment Opportunity
Commission asking for review of a Final Order issued by the Merit
Systems Protection Board (MSPB) concerning her claim of discrimination
in violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq.
Petitioner alleged that she was discriminated against on the bases of
race (African-American) and sex (female) when she was removed effective
December 2, 2000. In an initial decision, the MSPB upheld the removal
and found no sex or race discrimination. Thereafter, the MSPB issued
a final order denying the petition for review.
Petitioner then filed an appeal from the MSPB's final order with the
United States Court of Appeals for the Federal Circuit, which was
docketed as 04-3420. In filing her appeal, petitioner abandoned her
claims of discrimination. On May 5, 2005, the Federal Circuit issued
a decision affirming the decision of the MSPB.
The petitioner's petition of the MSPB's final decision is denied on the
grounds that she filed an appeal to review the same decision with the
United States Court of Appeals for the Federal Circuit, which affirmed the
MSPB's decision. The matter has already been adjudicated. Accordingly,
the Commission denies petitioner's petition for review.
PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0900)
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,
based on the decision of the Merit Systems Protection Board, within
thirty (30) calendar days of 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
May 25, 2007
__________________
Date
2
0320070067
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
2
0320070067