October 24, 2006        

 

In the Matter of the Petition by

                                                                                                                                                                                  

GREGORY W. HOLMES                                          

                                                                                                                                                          

Termination of Post Office Box Service for

P.O. Box 31                                                                             

Plummer, MN  56748-0031

                                                                       

P.S. Docket No. POB 06-138

 

APPEARANCE FOR PETITIONER:         

Gregory W. Holmes

                                                                       

 

APPEARANCE FOR RESPONDENT:

Catherine A. Green, Esq.

Office of the General Counsel

United States Postal Service

                                  

 

DECISION ON MOTION TO DISMISS

            Respondent filed a Motion to Dismiss, stating that the postmaster has withdrawn the action to terminate service to P.O. Box 31 and, therefore, that Petitioner’s box service has been restored.  Petitioner has replied to the motion, opposing dismissal because he contends that the postmaster’s withdrawal is contingent upon Petitioner doing something he does not wish to do.

            I do not read the postmaster’s withdrawal letter as Petitioner does.  It is true that the postmaster, in her October 10, 2006 letter, asks Petitioner to provide certain information so that her office’s record keeping would be more complete.  The opening sentence of the letter, however, states unequivocally that, “I have reconsidered and am withdrawing the notification of termination of your post office box 31.”

            There being no pending action to terminate service to Post Office Box 31, there is no issue that falls within our jurisdiction under 39 C.F.R. Part 958.  Respondent’s motion is granted and this case is dismissed.

 

 

 

                                                                                    Bruce R. Houston

                                                                                    Chief Administrative Law Judge