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