05a10744
09-12-2002
William C. Cozine, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
William C. Cozine v. USPS
05A10744
September 12, 2002
.
William C. Cozine,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A10744
Appeal No. 01A03307
Agency No. 4I-630-0127-99
DENIAL OF REQUEST TO RECONSIDER
On May 19, 2001, complainant filed a request to reconsider the decision
in Cozine v.United States Postal Service, EEOC Appeal No. 01A03307 (June
27, 2000). The certificate of mailing and the accompanying presumption
of receipt for timeliness purposes reveal that the decision on which
complainant requests reconsideration was received by complainant on July
3, 2000. Further, a review of the decision reveals that complainant was
properly advised that he had thirty (30) calendar days after receipt
of the decision to file a request to reconsider with the Commission.
Therefore, in order to be considered timely, complainant had to file
his request for reconsideration no later than August 2, 2000, or submit
information rebutting our presumption of receipt for timeliness purposes.
Complainant did neither, nor did he offer adequate justification for
an extension of the applicable time limit for filing this request.
Accordingly, complainant's request is denied and the decision in EEOC
Appeal No. 01A03307 remains the Commission's final decision. 29 C.F.R. �
1614.405(b). There is no further right of administrative appeal from
the decision of the Commission on this request for reconsideration.
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
September 12, 2002
__________________
Date