February 21, 2002

In the Matter of the Petition by

REYMUNDO RODRIGUEZ

P.O. Box 162224

at

Ft. Worth, TX 76161-2224

P.S. Docket No. AO 01-360

APPEARANCE FOR PETITIONER:

Reymundo Rodriguez

P.O. Box 162224

Ft. Worth, TX 76161-2224

APPEARANCE FOR RESPONDENT:

April L. Smith, Esq.

Southwest Law Office

United States Postal Service

P.O. Box 227078

Dallas, TX 75222-7078

DISMISSAL

Respondent's claim against Petitioner is for $22,181.00. In its Answer to the Petition, filed on January 29, 2002, Respondent, the United States Postal Service, argued that Petitioner was not entitled to a hearing under the procedures prescribed in 39 C.F.R. Part 966, because he had entered a guilty plea in a related criminal case in United States District Court and had been sentenced, among other things, to pay restitution in the amount of $22,181.00 to the Postal Service. Copies of the plea agreement and the court's sentence were attached. Therefore, Respondent argued, the District Court had already made a finding that Petitioner was indebted to the Postal Service in that amount.

By Order dated February 1, 2002, Petitioner was given an opportunity to reply by stating whether he disagreed with Respondent's position and, if so, what issues he intended to argue in this case. Petitioner has replied, stating that he wishes to withdraw his Petition. He further states that he intends to comply with the District Court's judgment and sentence, including the terms for repayment of the $22,181.00.

Accordingly, Petitioner's request to withdraw his Petition is granted and this case is dismissed.

Bruce R. Houston

Chief Administrative Law Judge