In the Matter of the Petition by HOMERE ROUSSEAU NEEDWORK MANUFACTURING COMPANY, P. O. Box 228, Mattapan, MA 02126-0002, Termination of Service for P. O. Box 228 P.S. Docket No. 23/33 June 30, 1986 James A. Cohen Judicial Officer APPEARANCE FOR PETITIONER: Homere Rousseau P. O. Box 228 Mattapan, MA 02126-0002 APPEARANCE FOR RESPONDENT: Jerry Belenker, Esq. Consumer Protection Division Law Department United States Postal Service Washington, DC 20260-1112
A Postal Service Decision was issued on May 30, 1986, upholding the termination of service to Petitioner's post office box. On June 4, 1986, a filing was received from Petitioner which reflected his disagreement with the Postal Service Decision. By Order dated June 16, l986, Petitioner's June 4, l986, submission was deemed to be an application under 39 C.F.R. 958 to revoke, amend, or modify the May 30, 1986, Postal Service Decision and Respondent was granted an opportunity to file a reply. Respondent filed a timely reply opposing Petitioner's application.
Petitioner first challenges the validity of the administrative adjudication of the termination of service to his post office box. According to Petitioner, a conflict of interest exists because the decision was rendered by a Postal Service employee. The adminis- trative adjudication of rights to post office box service by the Judicial Officer is a proper exercise of the general powers conferred on the Postal Service by 39 U.S.C. 204 & 401 as implemented by 39 C.F.R. Part 958. The Judicial Officer is an independent officer within the Postal Service charged with the responsibility to impartially decide cases within his jurisdiction. See 39 C.F.R. 224.l(c)(4). Petitioner has not shown, and no showing could be made, that the Judicial Officer lacked independence or impartiality in deciding this case. Thus, there is no conflict of interest and no basis for questioning the administrative adjudication.
Petitioner also contends that his civil rights have been violated and that the violations can be remedied by the Postmaster General seeking a court order to allow Petitioner free post office box privileges and free postage. The record does not establish that any of Petitioner's rights have been violated or that the relief sought is authorized or appropriate.
Accordingly, Petitioner's application is denied and the Postal Service Decision of May 30, 1986, is affirmed.