03A30066
12-09-2003
Michelle Y. Spahn, Petitioner, v. John Ashcroft, Attorney General, Department of Justice, Agency.
Michelle Y. Spahn v. Department of Justice
03A30066
December 9, 2003
.
Michelle Y. Spahn,
Petitioner,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Petition No. 03A30066
MSPB No. SF-0752-99-0454-P-1
DENIAL OF CONSIDERATION
The petitioner filed a petition with the Equal Employment Opportunity
Commission (EEOC or Commission) asking for review of the initial decision
of the Merit Systems Protection Board (MSPB) that is dated June 18, 2003
and became final on July 23, 2003. The decision made determinations
only on compensatory damages. The petitioner contests most of these
determinations.
EEOC regulation 29 C.F.R. � 1614.305(a) states that once a petition is
filed, the Commission will examine it and determine whether the Commission
will consider the decision of the MSPB. After reviewing the petition and
decision, the Commission declines to consider the decision of the MSPB.
The petitioner's petition for review is denied.
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
December 9, 2003
__________________
Date