In the Matter of the
Withholding of Mail Addressed to
GARY DEBENEDETTO
9395 East Hobsonway
at
P. S. Docket No. WM 05-150
APPEARANCE FOR PETITIONER:
Gary DeBenedetto
9395
APPEARANCE FOR RESPONDENT:
Catherine A. Green, Esq.
Office of the General Counsel
475 L'Enfant Plaza SW, Room 6112
DECISION ON
MOTION TO DISMISS
Mr.
DeBenedetto filed a Petition under 39 C.F.R. Part 964, stating that the
postmaster in
In the motion, Respondent asserts that Petitioner resides in a trailer park where, prior to 2003, mail was delivered to boxes at individual trailers. This practice was changed in 2003 and all mail for residents was delivered to the trailer park manager, who then re-distributed it to the individual residents. Recently, the manager stopped this practice and told the residents they would have to obtain post office box service at the post office. The Postal Inspection Service has not taken any mail withholding action as is described in 39 C.F.R. §964.2.
Petitioner was given an opportunity to reply to the motion and he did so. He continues to complain about the failure of the Postal Service to provide delivery of mail directly to his residence, but he does not dispute the facts stated above.
The jurisdiction of the Judicial Officer Department under 39 C.F.R. Part 964 is limited to cases in which the Postal Inspection Service has ordered the withholding from delivery mail that the Inspection Service has determined is involved in illegal activity under 39 U.S.C. §3003 or §3004. That has not happened, and there is nothing in the case file suggesting that anyone has alleged that Petitioner is engaged in illegal activity.
This is not a forum for resolving complaints about Postal Service policies on how mail will be delivered, or for evaluating the practice of any particular post office in such matters. As there has been no mail withholding as described in 39 C.F.R. §964.2, Respondent’s motion is granted and this case is dismissed.
Bruce
R.
Chief Administrative Law Judge