United States Postal Service(TM)

In the Matter of the Petition by	)  August 31, 1999
					)
MICHAEL H. BRIGGS			)
P.O. Box 15				)
Camp Meeker,  CA  95419-0015		)
					)
					)
					)
Termination of Post Office  Box Service	)
for P.O. Box 15 at Camp Meeker, CA	)  P. S. Docket No. POB 99-286


APPEARANCE FOR PETITIONER:		Michael H. Briggs
					P.O. Box 15
					Camp Meeker, CA  95419-0015


APPEARANCE FOR RESPONDENT:		Angela L. Jenkins, Esq.
					Civil Practice Section
					United States Postal Service
					475 L'Enfant Plaza, SW
					Washington,  DC  20260-1127

POSTAL SERVICE DECISION

Petitioner, Michael H. Briggs, has filed an appeal from an Initial Decision of an Administrative Law Judge granting Respondent’s Motion for Summary Judgment and dismissing Petitioner’s appeal from the decision of the Camp Meeker, CA Postmaster to close P.O. Box 15.

In the Initial Decision the Administrative Law Judge found that the Camp Meeker, CA Postmaster had acted within her authority under Domestic Mail Manual (DMM) §D910.8.2 to terminate Petitioner’s post office box service for his abusive and threatening behavior on postal property. Petitioner has not shown that the Initial Decision is erroneous as a matter of fact or law or that any other basis exists for granting his appeal. On appeal, Petitioner contends that the closure of his post office box denies him his right to receive mail and is cruel and unusual punishment. He also reasserts his contentions that he only made legitimate complaints regarding his mail service and that the termination is improperly based on actions that took place outside the Camp Meeker Post Office.

None of Petitioner’s contentions have merit. There is no legal right to post office box service,(1) and the closure of Petitioner’s post office box does not bar him from receiving mail at another address or rise to the level of cruel and unusual punishment.(2) Post office boxes are a premium service governed by specific regulations for their use, and those regulations allow the postmaster to terminate service to any customer who acts in a "violent, threatening, or otherwise abusive manner."(3) Petitioner’s threatening behavior toward the Camp Meeker, CA Postmaster and his repeated disruptions of service at the Camp Meeker Post Office(4) are valid reasons for terminating his post office box service. While Petitioner is entitled to make complaints about his mail service if he believes there are problems, he does not have a right to do so in a threatening or abusive manner.

Accordingly, the Administrative Law Judge’s conclusion that Petitioner acted in an abusive and threatening manner is supported by the record and will not be overturned on appeal. Petitioner’s appeal is denied and the Administrative Law Judge’s Initial Decision upholding the termination of post office box service for P.O. Box 15 is affirmed.

						James A. Cohen
						Judicial Officer

1 Michael D. Tomsyck, P.S. Docket No. POB 98-168 (P.S.D. Sept. 22, 1998), at n. 4; R.C. Tanner, P.S. Docket No. POB 98-67 (P.S.D. May 15, 1998), at 2; Cyrus Cardan, P.S. Docket No. POB 98-37 (P.S.D. Aug. 27, 1998), at n. 6.
2 The Eighth Amendment to the United States Constitution states that cruel and unusual punishment shall not be inflicted. The Supreme Court has interpreted this language as protecting individuals from any punishment that is "grossly disproportionate to the severity" of the offense. Rhodes v. Chapman, 452 U.S. 337, 346 (1981). The closure of Petitioner's post office box is not a disproportionate response to his threatening and abusive behavior on postal property.
3 DMM §D910.8.2.
4 Initial Decision, Finding of Fact Nos. 2, 3 & 4.