November 15, 1988

In the Matter of the Petition by

JANET K. WHITE

P. O. Box 10041

Yakima, WA  98909-1041

Closing of Post Office Box

P. S. Docket No. 31/85

APPEARANCE FOR RESPONDENT:

Thomas A. Ziebarth, Esq.

Law Department

Consumer Protection Division

United States Postal Service

Washington, D.C.  20260-1144

APPEARANCE FOR PETITIONER:

Janet K. White, pro se

General Delivery

Yakima, Washington  98903-1435

INITIAL DECISION

            This proceeding arises out of a Petition filed by Janet K. White on August 12, 1988 appealing to the Postmaster's Determination of July 20, 1988 to close her post office box.  The Postmaster determined that the box should be closed under Domestic Mail Manual §951.82 on the ground that Petitioner physically abused her box.  Petitioner supplemented her Petition with letters dated August 17, August 19 (two letters on this date), and September 9, 1988.

            On August 25, 1988, Respondent Postal Service filed an Answer and Motion to Dismiss.  Respondent contends that Petitioner's reasons for disputing the determination are irrelevant and that the Petition should be dismissed because it fails to state a claim upon which relief may be granted.

            In an order dated August 26, 1988, Petitioner White was given an opportunity to respond to the Motion to Dismiss.  Petitioner responded by letter dated September 9 but appeared to have misconstrued the August 26 Order.  Accordingly, by Order dated September 20, 1988 she was given an additional opportunity to "object to the motion to dismiss and explain why she thinks her petition adequately describes why her post office box should not be terminated due to physical abuse."  She was also instructed to indicate whether she agrees that she physically abused her box and, if so, why she feels any abuse was justified.  Petitioner received this Order on September 27 but failed to respond to it.

FINDINGS AND CONCLUSIONS

            Section 951.82 of the Domestic Mail Manual provides that a post office box may be closed when the customer has physically abused the box.  Petitioner does not dispute the fact that she abused her box, and the undersigned concludes that she did.

            Petitioner seeks to justify her behavior by alleging that postal officials were stealing her mail, misusing information, and breaking other laws.  These arguments are irrelevant to the issue of whether the box should be closed due to physical abuse and, therefore, do not constitute a valid ground to overturn the Postmaster's determination.  Moreover, the Administrative Law Judge has no jurisdiction over the Petitioner's allegations of misconduct by Postal officials.

            It is concluded that there is no genuine or material issue in dispute requiring an evidentiary hearing.  Accordingly, the Motion to Dismiss is granted.  The Petition is dismissed and the Determination of the Postmaster is sustained.

                                                                                                Randolph D. Mason

                                                                                                Administrative Law Judge