In the Matter of the Petition by) October 10, 1997 ) TOMMIE L. MADLOCK ) P.O. Box 1225 ) ) at ) ) Mercer Island, WA 98040-1225 ) P.S. Docket No. DCA 97-165 APPEARANCE FOR PETITIONER: Tommie Madlock P. O. Box 1225 Mercer Island, WA 98040-1225 APPEARANCE FOR RESPONDENT: Dino Camporeale Labor Relations Specialist United States Postal Service P. O. Box 9000 Seattle, WA 98109-9421
The Petition in this matter was dismissed on August 29, 1997, for Petitioner's failure to respond to my orders directing him to provide certain information required by the rules governing these proceedings to complete his Petition. That information included a statement whether he desired an oral hearing or a hearing based solely on written submissions (39 C.F.R. §961.4(b)(4)). If he wished an oral hearing, Petitioner was directed to submit a statement of the evidence he intended to produce at the hearing, including a list of proposed witnesses (39 C.F.R. §961.4(b)(5)). Additionally, he was directed to state the reasons why he believed he was not liable for the claimed debt (39 C.F.R. §961.4(b)(6)). In a July 28, 1997 Order, Petitioner was cautioned that if he failed to respond, the Petition would be dismissed. No response was received, and the Petition was dismissed on August 29, 1997.
After receiving the dismissal of his Petition, Petitioner faxed a letter advising that he wishes an oral hearing. However, Petitioner has given no reason for his failure to respond to my orders regarding the prosecution of his Petition. In his belated attempt to request a hearing, he still has not stated the evidence he intends to present and refuses to give his reasons for challenging the debt ("Why should I tell you my reason.[sic] You will find out in court."). Under these circumstances, Petitioner is not entitled to relief from the August 29, 1997 Dismissal.
Petitioner's request for reconsideration is denied.
Norman D. Menegat Administrative Judge