In the Matter of the Petition
by
DON GARRISON
599 1st Court
Determination to Terminate
Post Office Box Service for Post Office Box 3324.
P.S. Docket No. POB
04-111
APPEARANCE FOR PETITIONER:
Don Garrison
APPEARNANCE FOR RESPONDENT:
Catherine A. Green, Esq.
Corporate Law Section
475 L'Enfant Plaza SW, Room 6112
DECISION ON MOTION TO DISMISS
With its Answer to the Petition, Respondent filed a Motion for Summary Judgment, arguing that this case should be dismissed because the Ann Arbor Postmaster did not issue Petitioner a notice that his post office box service was to be terminated and that “the Ann Arbor Post Office has no intention of terminating Petitioner’s post office box service at this time.”
An Order dated September 22, 2004 stated that the motion would be treated as a Motion to Dismiss based on lack of jurisdiction. Petitioner was given an opportunity to reply to the motion and he has filed a reply.
In the motion for summary judgment, in addition to the argument cited above, Respondent also addressed the facts of this case and argued that those facts presented a sound basis for terminating Petitioner’s box service. In his reply, Petitioner addressed this latter argument at some length, but he did not challenge Respondent’s assertion that the postmaster was not now seeking to terminate his box service.
The rules and procedures in 39 C.F.R. Part 958 apply to "cases in which a postmaster has issued a Determination denying an application for post office box or caller service, or terminating the box or caller service being provided to a customer."[1] It is not the function of the Judicial Officer Department to resolve every disagreement that a customer may have with a particular post office. As there is no current action pending to terminate Petitioner's post office box service, Respondent’s Motion to Dismiss is granted and this case is dismissed.
Bruce R. Houston