Shirley T. Coleman, Petitioner,v.Michael W. Wynne, Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity CommissionMay 25, 2007
0320070067 (E.E.O.C. May. 25, 2007)

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