03a10021
12-08-2000
Shirley A. Adkison Petitioner, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.
Shirley A. Adkison v. Dept. of the Navy
03A10021
December 8, 2000
.
Shirley A. Adkison
Petitioner,
v.
Richard J. Danzig,
Secretary,
Department of the Navy,
Agency.
Petition No. 03A10021
MSPB No. AT-0752-00-0250-I-1
DENIAL OF CONSIDERATION
On October 30, 2000, Shirley A. Adkison (hereinafter referred to
as petitioner) filed a petition with the Equal Employment Opportunity
Commission (EEOC) regarding the Merit Systems Protection Board's (MSPB
or the Board) final decision on her case. The petition is governed
by the Civil Service Reform Act of 1978 and EEOC Regulations at 29
C.F.R. �1614.101 et seq.
The record indicates that petitioner's petition included a copy of the
final Order of the MSPB, dated September 29, 2000. The Board's Order
denied petitioner's request of the initial decision on the grounds that
it failed to meet the statutory criteria therefor. The final Order did
not include appeal rights to the Commission.
In her petition to the Commission, petitioner included a copy of papers
indicating that she had filed with the United States Court of Appeals
for the Federal Circuit. On November 14, 2000 the MSPB advised the
Commission that petitioner had filed the appeal with the court and it
was docketed as No. 01-3049. Because petitioner already has appealed the
MSPB's decision to the Federal Circuit, she may not also file a petition
for review on the same matter. See 29 C.F.R. �1614.409. Consequently,
the Commission denies the petition for review.
STATEMENT OF PETITIONER'S RIGHTS
PETITIONERS' RIGHT TO FILE A CIVIL ACTION (W0400)
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 8, 2000
__________________
Date