United States Postal Service(TM) 


In the Matter of the Petition by	)	January 15, 1998
					)
CLAUDIA N. CARTER-BROWN			)
2848 Dauphin Road			)
					)
	at				)
					)
Bonifay, FL  32425-9084			)	P.S. Docket No. AO 97-433


APPEARANCE FOR PETITIONER:		Claudia N. Carter-Brown
					2848 Dauphin Road
					Bonifay, FL  32425-9084


APPEARANCE FOR RESPONDENT:		Ben A. Kilgrow, Esq.
					Postal Inspector Attorney
					United States Postal Service
					225 N. Humphreys Blvd.
					Memphis, TN  38161-0012

DECISION ON MOTION TO DISMISS

Respondent, the United States Postal Service, filed a Motion to Dismiss, stating that because Petitioner was ordered by the U. S. District Court for the Northern District of Florida in a criminal case to pay restitution to the Postal Service in the amount of $11,318.39, Respondent will not seek to recover that debt through offset from here retirement account.(1) This is deemed to be a withdrawal of Respondent's claim against Petitioner under the Administrative Offset procedures of 39 C.F.R. Part 966.

Petitioner filed a reply to the motion, in which she seems to contest the existence of any debt, but does not challenge Respondent's assertion that the District Court ordered restitution of $11,318.39. As I have no authority to review any determination made by the District Court, and as Respondent has withdrawn the Administrative Offset action, the motion is granted and this case is hereby dismissed. Petitioner retains her right to file a new Petition if the Postal Service reinitiates action to withhold any money from her retirement account under 39 C.F.R. Part 966.




						Bruce R. Houston
						Chief Administrative Law Judge
1. Respondent's motion uses the figure $13,318.39. That is apparently an error, as the court documents consistently say $11,318.39, as does the September 2, 1997 letter of demand to Ms. Brown from the Postal Inspection Service.