Timothy W. Landis, Appellant,v.Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity CommissionJan 8, 1999
05970616 (E.E.O.C. Jan. 8, 1999)

05970616

01-08-1999

Timothy W. Landis, Appellant, v. Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.


Timothy W. Landis v. Department of Veterans Affairs

05970616

January 8, 1999

Timothy W. Landis, )

Appellant, )

)

v. ) Request No. 05970616

) Appeal No. 01966903

) Agency Nos. 95-0581 A - K

Togo D. West, Jr., ) Hearing Nos. 120965352X et al

Secretary, )

Department of Veterans Affairs, )

Agency. )

__________________________________)

DISMISSAL OF REQUEST FOR RECONSIDERATION

On March 12, 1997, the agency initiated a request to the Equal Employment

Opportunity Commission to reconsider the decision in Timothy W. Landis

v. Jesse Brown, Secretary, Department of Veterans Affairs, EEOC Appeal

No. 01966903 (February 14, 1997). Commission Regulations provide that the

Commissioners may, in their discretion, reconsider any previous decision,

pursuant to 29 C.F.R. �1614.407(a).

On December 14, 1998, the Commission received from appellant a copy of

Civil Action No. Y-98-3796, filed by appellant in the United States

District Court for the District of Maryland on November 16, 1998.

The civil action is based on allegations in the complaint which are the

subject of the Request to Reconsider herein. Accordingly, the processing

of appellant's complaint is terminated pursuant to 29 C.F.R. �1614.410.

RIGHT TO FILE A CIVIL ACTION (P0993)

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.

It is the position of the Commission that 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.

You should be aware, however, that courts in some jurisdictions have

interpreted the Civil Rights Act of 1991 in a manner suggesting that

a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the

date that you receive this decision. To ensure that your civil action

is considered timely, you are advised to file it WITHIN THIRTY (30)

CALENDAR DAYS from the date that you receive this decision or to consult

an attorney concerning the applicable time period in the jurisdiction

in which your action would be filed. 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 (Z1092)

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:

JAN 8, 1999

DATE Frances M. Hart

Executive Officer

Executive Secretariat