In the Matter of the Petition by ) May 15, 1998
)
R. C. TANNER )
P.O. Box 55 )
Pinopolis, SC 29469-0055 )
)
)
Termination of Post Office Box )
Service for P.O. Box 55 at )
Pinopolis, SC ) P.S. Docket No. POB 98-67
APPEARANCE FOR PETITIONER: R. C. Tanner
P.O. Box 55
Pinopolis, SC 29469-0055
APPEARANCE FOR RESPONDENT: Anne N. Graham, Esq.
Civil Practice Section
United States Postal Service
475 L'Enfant Plaza, SW
Washington, DC 20260-1127
Petitioner, R.C. Tanner, has filed an appeal from an Initial Decision of an Administrative Law Judge granting Respondent's Motion for Summary Judgment and upholding the determination of the Pinopolis, SC Postmaster to close P.O. Box 55. The Postal Service did not file a response to Petitioner's appeal.
In the Initial Decision the Administrative Law Judge found that Petitioner had failed to comply with established Postal Service rules requiring post office box applicants to completely fill out a box application, including a correct street address. Although Petitioner states on appeal that he does not accept the Administrative Law Judge's Findings of Fact or Decision, he has not shown that the Initial Decision is erroneous as a matter of fact or law. Moreover, a review of the record establishes that the evidence supports the Administrative Law Judge's Findings and Decision.
Petitioner also asserts that he has an inalienable right to post office box service and that he cannot be deprived of this right by any Postal Service official. However, as was explained in the Initial Decision, there is no right to post office box service1/ and the closing of P.O. Box 55 does not deprive Petitioner of the opportunity to receive mail at a street address.
Accordingly, Petitioner's appeal is denied and the Administrative
Law Judge's Initial Decision sustaining the Pinopolis, SC Postmaster's
decision to terminate service to P.O. Box 55 is affirmed.
James A. Cohen
Judicial Officer