05a50956
07-28-2005
Virgil M. Lorenzo, Complainant, v. Donald H. Rumsfeld, Secretary, Department of Defense, Agency.
Virgil M. Lorenzo v. Department of Defense
05A50956
07-28-05
.
Virgil M. Lorenzo,
Complainant,
v.
Donald H. Rumsfeld,
Secretary,
Department of Defense,
Agency.
Request No. 05A50956
Appeal No. 01A51686
Agency No. PEFY-02-06
Hearing No. 370-04-00264X
Dismissal of Request for Reconsideration
By Notice of Appeal postmarked June 6, 2005, complainant requested
reconsideration (RTR) of the Commission's decision in Virgil M. Lorenzo
v. Department of Defense, EEOC Appeal No. 01A51686 (April 26, 2005).
The decision in EEOC Appeal No. 01A51686 (April 26, 2005), includes a
certificate of mailing, which states that the decision was mailed on
April 26, 2005 to complainant's address of record. The decision informed
complainant that it 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 complainant that he 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 decision at his address of record on May 2, 2005. Therefore, in
order to be considered timely, complainant had to file his RTR no later
than June 1, 2005. Complainant has offered no justification for an
extension of the applicable time limit for filing his RTR. Accordingly,
complainant's June 6, 2005 RTR is hereby dismissed. See 29 C.F.R. �
1614.403(c).
The decision in EEOC Appeal No. 01A51686 remains the Commission's 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 (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
___07-28-05_______________
Date