05A40961
07-21-2004
Willie R. Jones, Complainant, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.
Willie R. Jones v. Department of the Air Force
05A40961
July 21, 2004
.
Willie R. Jones,
Complainant,
v.
Dr. James G. Roche,
Secretary,
Department of the Air Force,
Agency.
Request No. 05A40961
Appeal No. 01A41611
Agency No. T-0051-TX-F-01-01-RO
DENIAL OF REQUEST FOR RECONSIDERATION
On June 17, 2004, Willie R. Jones (complainant) initiated a request
to the Equal Employment Opportunity Commission (EEOC or Commission)
to reconsider the decision in Willie R. Jones v. Department of the
Air Force, EEOC Appeal No. 01A41611 (April 28, 2004). The record
reveals that the appellate decision was issued on April 28, 2004.
A review of the decision reveals that the Commission properly advised
complainant that he had thirty (30) calendar days after receipt of
its decision to file a request for reconsideration with the Commission.
The decision noted that there is a presumption that a Commission decision
is received within five (5) calendar days after it is mailed. Therefore,
in order to be considered timely, complainant had to file his request for
reconsideration no later than June 2, 2004. Complainant has not offered
justification for an extension of the applicable time limit for filing
his request for reconsideration. Accordingly, complainant's June 17,
2004 request is hereby dismissed. See 29 C.F.R � 1614.405(b).
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
July 21, 2004
__________________
Date