05990701
03-21-2001
Vivian Johnson, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Vivian Johnson v. United States Postal Service
05990701
March 21, 2001
.
Vivian Johnson,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05990701
Appeal No. 01983640
Agency No. 1-H-311-0026-98
DISMISSAL OF REQUEST FOR RECONSIDERATION
By Notice of Request for Reconsideration postmarked May 11, 1999, the
complainant filed a request to reconsider with this Commission from the
appeal decision, Johnson v. United States Postal Service, EEOC Appeal
No. 01983640 (March 4, 1999), affirming the agency's dismissal of her
EEO complaint of unlawful employment discrimination because she failed
to identify a basis of discrimination.
A copy of the certified-mail-return-receipt card reveals that the appeal
decision was received at the complainant's address of record on March
8, 1999. The appeal decision properly advised the complainant that
she had thirty (30) calendar days after receipt of the appeal decision
to file her request to reconsider with the Commission. Therefore,
in order to be considered timely, the complainant had to file her
request to reconsider no later than April 8, 1999. The complainant has
not offered adequate justification for an extension of the applicable
time limit for filing her request for reconsideration. Accordingly, the
complainant's May 11, 1999 request to reconsider is hereby DISMISSED.
See 29 C.F.R. � 1614.405(b).
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
March 21, 2001
__________________
Date