March 21, 2002

In the Matter of a Mail Dispute

Between

CAROLYN GOETHIE

and

REV. DR. THOMAS R. BAILEY

P.S. Docket No. MD 01-359

APPEARANCE FOR DISPUTANT CAROLYN GOETHIE:

Carolyn Goethie

216 Bobbie Vann Road

Baxley, GA  31513-7413

APPEARANCE FOR DISPUTANT REV. DR. THOMAS R. BAILEY:

Huey W. Spearman, Esq.

601 Tebeau Street, Suite 220

P. O. Box 2132

Waycross, GA  31502-2132

POSTAL SERVICE DECISION

            On February 13, 2002, an Initial Decision was issued in which an Administrative Law Judge determined that mail addressed to The Youth Council of Appling County, Inc., P.O. Box 1221, Baxley, GA 31515-1221 is to be delivered as directed by Disputant Rev. Dr. Thomas R. Bailey.  On February 22, 2002, the Judicial Officer received a letter from Disputant Carolyn Goethie which was dated February 14, 2002, and postmarked February 19, 2002.  The record reflects that Ms. Goethie received the Initial Decision on February 26, 2002.  Inasmuch as the letter was mailed before Ms. Goethie received the Initial Decision, the letter has not been considered an appeal from that decision.

Furthermore, in her letter, Ms. Goethie only requests that she be allowed to control P.O. Box 1221.  However, the purpose of a mail dispute proceeding is to resolve conflicting orders for the delivery of mail, not disputes over the control of a post office box.  See Postal Operations Manual §616 (POM Issue 8, July 16, 1998) and Reed A. Miller, Miller & Associates Consulting Engineers, P.C. and Charles E. Wright, P.S. Docket No. MD 97-475 (Order, March 4, 1998) and cases cited therein.  Therefore, Ms. Goethie's request that she be allowed to control P.O. Box 1221 is not an issue for consideration in this proceeding.

Since no appeal has been filed, and the Judicial Officer has determined he will not exercise his discretion to review the Initial Decision on his own motion, the Initial Decision has become the final agency decision as provided in 39 C.F.R. §965.12.

                                                                                    James A. Cohen

                                                                                    Judicial Officer

March 21, 2002

TO THE POSTMASTER AT:

Baxley, GA  31513-9998

RE:      The Mail Dispute Between

CAROLYN GOETHIE

and

REV. DR. THOMAS R. BAILEY

P. S. Docket No. MD 01-359

All mail, currently being held or hereafter received, addressed to The Youth Council of Appling County, Inc., P.O. Box 1221, Baxley, GA 31515-1221 is to be delivered as directed by Rev. Dr. Thomas R. Bailey.

                                                                        James A. Cohen

                                                                        Judicial Officer