October 29, 2004

In the Matter of the Petition by

 

DON GARRISON

559 1st Court

Ypsilanti, MI 48197-5230

 

Determination to Terminate Post Office Box Service for Post Office Box 3324,

Ann Arbor, MI 48106-3324

P.S. Docket No. POB 04-111

 

APPEARANCE FOR PETITIONER:

Don Garrison

559 1st Court

Ypsilanti, MI  48197-5230

 

APPEARANCE FOR RESPONDENT:

Catherine A. Green, Esq.

Office of the General Counsel

United States Postal Service

475 L’Enfant Plaza, SW, Room 6112

Washington, DC  20260-1135

 

POSTAL SERVICE DECISION

            Petitioner has filed an appeal from a Decision on Motion to Dismiss in which an Administrative Law Judge granted the Postal Service’s (Respondent) motion to dismiss this proceeding because there was no current action pending to terminate Petitioner’s post office box service.  Petitioner requests that the Judicial Officer set-aside the Administrative Law Judge’s decision and the motion on which it is based and grant Petitioner a 90-day stay of the proceeding to allow him an opportunity to review the cases cited in Respondent’s motion so that he can fully brief his appeal.

Background

            Petitioner has rented P.O. Box 3324 since 1994 (Petition for Review (Petition), D.1).  By letter dated December 30, 2003, Petitioner was asked to update his PS Form 1093, Application for Post Office Box Service (Counter Answer, Ex. B).  Petitioner completed the PS Form 1093, but provided his post office box as his then current physical address (Answer and Motion for Summary Judgment (Answer), Ex. A).  On or about June 18, 2004, a temporary block was put on Petitioner’s post office box because he had failed to provide a current physical address as required on the PS Form 1093 (Petition, D.5; Answer, 7).  Petitioner provided his current physical address to the Postal Service on or about June 24, 2004 (Petition, Supplemental Statement of Facts, ¶¶ G.15 & 16; Answer, Ex. B), and the temporary block was removed from his post office box (Answer, 25).  A Determination to permanently terminate service to Petitioner’s post office box was never issued (Answer, 29).

Discussion

            On appeal, Petitioner asks that the Judicial Officer set-aside the Administrative Law Judge’s decision and consider his Petition on its merits.  Petitioner is not arguing that his post office box service has been terminated, and the undisputed facts establish that Petitioner currently receives delivery of his mail at his post office box.  Nonetheless, Petitioner continues to believe his appeal should be heard and he should be given an additional opportunity to file a brief. 

            As stated in the Decision on Motion to Dismiss, adjudications of post office box disputes under 39 C.F.R. Part 958 are limited to cases in which a postmaster has denied or terminated post office box or caller service.[1]  Because service to Petitioner’s post office box has not been terminated and the only relief that would be available to Petitioner in this proceeding is restoration of service, there is no reason to stay the proceeding for 90 days or to continue to adjudicate this matter based on Petitioner’s appeal.  Accordingly, Petitioner’s appeal is denied.

James A. Cohen

Judicial Officer 


[1]  39 C.F.R. § 958.2.  See Everett J. Miller, P.S. Docket No. POB 02-428 (P.S.D. Feb. 14, 2003) and George J. Devos, P.S. Docket No. POB 01-111 (P.S.D. Sept. 7, 2001).  See also Postal Operations Manual §§ 841.831, 841.832, and 841.842 (POM 9, July 2002).