April 11, 2001
In the Matter of the Petition by
FRANK GOMON
P.O. Box 570031
Tarzana, CA 91357-0031
Appeal of Proposed P.O. Box Closure
P.S. Docket No. POB 01-2
APPEARANCE FOR PETITIONER:
Frank Gomon
P.O. Box 570031
Tarzana, CA 91357-0031
APPEARANCE FOR RESPONDENT:
Catherine A. Green, Esq.
Civil Practice Section
United States Postal Service
475 L’Enfant Plaza, SW, Room 6403
Washington, DC 20260-1127
DISMISSAL
With the Answer and Motion for Summary Judgment filed by Respondent, United States Postal Service, Respondent attached a sworn Declaration from the Tarzana, California Postmaster, Anthony Plante. Mr. Plante stated that Petitioner's post office box rental fee was due at the end of November 2000, and that he closed Petitioner's box because the rent was not paid. He also stated that Petitioner paid the rental fee on December 29, 2000, that the box was immediately reopened and has remained open since that time. Finally, he stated that there are no current plans to close Petitioner's post office box.
Based on the above, by Order dated February 23, 2001, I advised the parties that I proposed to dismiss this case as moot. Petitioner was given an opportunity to reply if he opposed dismissal on that basis. After two extensions of time, Petitioner has filed a large volume of material. Petitioner makes many complaints about the actions of Mr. Plante and other post office personnel, but he does not dispute the fact that his post office box is open and that there is no action pending to close it.
The rules and procedures in 39 C.F.R. Part 958 apply to "cases in which a postmaster has issued a Determination denying an application for post office box or caller service, or terminating the box or caller service being provided to a customer." It is not the function of the Judicial Officer Department to resolve every disagreement that a customer may have with a particular post office. As there is no current action pending to terminate Petitioner's post office box service, this case is dismissed.
The sealed envelope submitted by Petitioner, containing documents that he asked to be withheld from Respondent, will be retained in the case file unopened.
Bruce R. Houston Chief Administrative Law Judge