November 18, 2003

In the Matter of a Mail Dispute Between

ERNEST A. MURDOCK

and

ANN RUSSELL HALL

P.S. Docket No.  MD 03-343

APPEARANCE FOR DISPUTANT ERNEST A. MURDOCK:

Mark A. Darden, III, Esq.

Addison-Darden, P.C.
1412 Crain Highway N., Suite 1B

Glen Burnie, MD  21061-9306

APPEARANCE FOR DISPUTANT ANN RUSSELL HALL:

Ann Russell Hall
8335 Catherine Avenue

Pasadena, MD  21122-1259

POSTAL SERVICE DECISION

            Following the issuance of an Order finalizing the Initial Decision in this case, Disputant Ernest Murdock filed a copy of a Property Tax bill, which he asserts shows that Disputant Ann Russell Hall has not properly fulfilled her obligations under a Power of Attorney which was found to be the basis for her to obtain delivery of the mail in dispute.  Mr. Murdock’s filing was not mailed within the 10 day appeal period provided in 39 C.F.R. §965.12, and, therefore, is not considered a timely appeal from the Initial Decision.[1]  Even if considered a timely appeal, however, the filing does not establish that Mr. Murdock is entitled to direct delivery of the disputed mail.  Accordingly, the Initial Decision remains the final agency decision as provided in 39 C.F.R. §965.12, and no further action will be taken in this proceeding.

                                                                                    James A. Cohen

                                                                                    Judicial Officer

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[1]  The Initial Decision was received by Mr. Murdock’s representative on October 23, 2003, and his filing dated November 7, 2003, was postmarked November 12, 2003, nine days beyond the 10 day appeal period.