POSTAL SERVICE DECISION

On September 9, 2002, Eleanor Poindexter filed an appeal from an Initial Decision in which the presiding Administrative Law Judge concluded that all mail addressed to West Virginia Black Chamber of Commerce (WVBCC) at P.O. Box 1161, Charleston, WV 25324-1161 should be delivered as directed by Kenneth Mosley. Since Ms. Poindexter was not then a party to the proceeding, the Judicial Officer, by Order dated September 12, 2002, gave the parties, Ad Dickson Oji and Kenneth Mosley, as well as Ms. Poindexter, an opportunity to address Ms. Poindexter's relationship to the disputing organizations and whether the caption should be amended to include Ms. Poindexter as a party to this proceeding. The parties and Ms. Poindexter were also given the opportunity to provide a list of the names and addresses they consider to be in dispute as well as arguments concerning why either of the parties or Ms. Poindexter believes they are entitled to delivery of the disputed mail. The only response to the September 12, 2002 Order was from Mr. Mosley, who objected to Ms. Poindexter's participation in this proceeding.

Although Ms. Poindexter disagrees with the outcome of the Initial Decision, she has not shown she is entitled to be a party to this mail dispute. Furthermore, she has not shown that the Initial Decision is clearly erroneous or that any other grounds exist for the Judicial Officer to exercise his discretion to grant review of the Initial Decision.[1]

Since the Judicial Officer has determined he will not exercise his discretion to grant review of the Initial Decision, the Initial Decision is the final agency decision as provided in 39 C.F.R. §965.12.

James A. Cohen

Judicial Officer

[1] Neither the parties nor Ms. Poindexter has presented evidence that any mail other than that addressed to the West Virginia Black Chamber of Commerce (WVBCC) at P.O. Box 1161, Charleston, WV 25324-1161 is in dispute. Since only mail addressed to P.O. Box 1161 is in dispute in this proceeding, mail addressed to all other addresses referred to in the record, including mail addressed to P.O. Box 535 in Institute, WV, should not be withheld from delivery because of the pendency of this mail dispute.

October 22, 2002

TO THE POSTMASTER AT: CHARLESTON, WV 25301-9998

RE: The Mail Dispute Between

AD DICKSON OJI

and

KENNETH MOSLEY

P. S. Docket No. MD 01-173

All mail, currently being held or hereafter received, addressed to West Virginia Black Chamber of Commerce (WVBCC), P.O. Box 1161, Charleston, WV 25324-1161, is to be delivered according to the direction of Kenneth Mosley.

James A. Cohen

Judicial Officer