0520090571
08-25-2009
Ute Poole, Complainant, v. Eric K. Shinseki, Secretary, Department of Veterans Affairs, Agency.
Ute Poole,
Complainant,
v.
Eric K. Shinseki,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 0520090571
Appeal No. 0120091050
Agency No. 200P06442008103760
DISMISSAL OF REQUEST FOR RECONSIDERATION
By letter dated July 10, 2009, complainant requested reconsideration (RTR) of the Commission's decision in Ute Poole v. Department of Veterans Affairs, EEOC Appeal No. 0120091050 (May 28, 2009).
The decision in EEOC Appeal No. 0120091050 included a certificate of mailing, which informed the parties that the Commission presumed receipt within five days of mailing, and that the time frames should be computed as commencing five days from the date of the mailing. It also informed the parties that they had thirty calendar days after receipt of the decision in which to file an RTR. Based on the five day presumption of receipt, we determine that complainant received the prior decision at his address of record on June 2, 2009. Therefore, in order to be timely, complainant had to file his RTR no later than July 2, 2009. Complainant has offered no justification for an extension of the applicable time limit for filing his RTR. Accordingly, his July 10, 2009 RTR is hereby dismissed. See 29 C.F.R. � 1614. 403(c).
The decision in EEOC Appeal No. 0120091050 (May 28, 2009) remains the Commissions final decision. There is no further right of administrative appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0408)
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 (Z1008)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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
August 25, 2009
__________________
Date
3
0120090191
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520090571