November 20, 2003

In the Matter of the Petition by

JOHN J. BUCKSHAW, PRINCIPAL

J. J. BUCKSHAW & ASSOCIATES

General Delivery

Bethesda, MD 20814-9999

Appeal of Termination, P.O. Box 194, Media, PA 19063-0194

P.S. Docket No.  POB 02-405  

APPEARANCE FOR PETITIONER:

John J. Buckshaw

J. J. Buckshaw & Associates

P.O. Box 18704

Washington, DC  20036-8704

APPEARANCE FOR RESPONDENT:

Catherine A. Green, Esq.

Corporate Law Section

United States Postal Service

475 L’Enfant Plaza, SW, Room 6112

Washington, DC  20260-1135

POSTAL SERVICE DECISION

On October 28, 2003, Petitioner filed a Third Petition to Revoke, Amend or Modify the Initial Decision, Final Order or Postal Service Decision Pursuant to 39 C.F.R. §958.13 (Third Petition) in which he again requested that the Judicial Officer enforce a settlement agreement proposed by Petitioner to resolve his claims for damages arising out of a postmaster’s determination to terminate Petitioner’s post office box service.  By Order dated October 29, 2003, the Judicial Officer determined that  Petitioner’s contentions regarding his proposed settlement had been previously addressed and decided in the August 21 and October 2, 2003 Postal Service Decisions and that they would not be addressed again as they do not establish a basis to revoke, amend or modify the prior final Order or Postal Service Decisions.  However, since the Third Petition appeared to raise the issue of whether a new post office box proceeding should be docketed because Petitioner was again being denied post office box service, the General Counsel was given an opportunity to address that issue.  On November 12, 2003, the General Counsel advised that service to Petitioner’s post office box has not been terminated.

Since Petitioner has made no persuasive showing that he is being denied post office box service and his other contentions do not establish a basis to revoke, amend or modify the prior final Order or Postal Service Decisions, Petitioner’s Third Petition is denied.[1]

                                                                                    James A. Cohen

                                                                                    Judicial Officer

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[1]  If service to Petitioner’s post office box is terminated in the future for reasons that are appealable to the Judicial Officer and a timely appeal is filed, the matter will be docketed as a new proceeding in accordance with 39 C.F.R. Part 958.