Sherry Easley, Complainant,v.John Ashcroft, Attorney General, Department of Justice (USM), Agency.

Equal Employment Opportunity CommissionMar 10, 2003
05a30100 (E.E.O.C. Mar. 10, 2003)

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.