May 22, 1991

In the Matter of a Mail

Dispute Between:

JAMES R. HICKS, SR.

and

EDDIE D. BANKS

P. S. Docket No. MD-110

O R D E R

Disputant Banks has filed an appeal from an Initial Decision of an Administrative Law Judge issued on April 18, 1991, and received by Disputant Banks on April 25, 1991. Disputant Banks’ appeal, although dated May 7, 1991, was postmarked May 17, 1991, and received on May 21, 1991, well after the expiration of the ten day appeal period and after the issuance Decision the of the May 14, 1991, Order making the Initial final agency decision.

Disputant Banks has not shown that his failure to file a timely appeal was excusable, that the Initial Decision is clearly erroneous or that any other basis exists for considering his appeal.

Accordingly, the appeal by Disputant Banks is denied and the Initial Decision remains the final agency decision in accordance with the Order issued May 14, 1991.

James A. Cohen

Judicial Officer