In the Matter of the Petition by

MRS. JUNIOR E. POWELL
P.O. Box 177
Columbus, NM 88029-0177

Termination of Service for
P.O. Box 1321, Alpine, TX 79830

P.S. Docket No. 21/159

September 27, 1985

APPEARANCE FOR PETITIONER: Mrs. Junior Powell, Pro Se
P. O. Box 177
Columbus, N.M. 88029-0177

APPEARANCE FOR RESPONDENT: Nan M. Kalthoff, Esq.
Consumer Protection Division
Law Department
United States Postal Service
Washington, DC 20260-1112

BEFORE: Judge Edwin S. Bernstein

Bernstein, Edwin S.

INITIAL DECISION

This is a petition opposing termination of mail service to Post Office Box 1321 in Alpine, Texas.

On June 24, 1985, Postmaster C. R. McIntire of Alpine issued a Determination to Terminate Service to Post Office Box 1321. Mrs. Powell's letter of July 3, 1985 is considered to be a petition in opposition to the determination in accordance with 39 C.F.R. ? 958.3(a).

On August 8, 1985 the Postal Service filed an Answer and Motion for Summary Judgement Dismissing the Petition in accordance with 39 C.F.R. § 958.3(d). The motion contended that neither the petition nor the answer presented a genuine or material issue of fact that requires an evidentiary hearing.

An Order of August 13, 1985 directed Petitioner to file any opposition to Respondent's motion within 15 days of receipt of a copy of the Order. Petitioner received a copy of the Order on August 16 but filed no opposition or further paper.

This case was reassigned to me on September 23, 1985.

Upon consideration of Respondent's motion, the documents filed, and Petitioner's failure to oppose the motion, I find that the petition and answer present no genuine or material issues of fact requiring an evidentiary hearing and based upon the documents filed, I make the following findings of fact and conclusions of law.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Domestic Mail Manual (DMM) Section 951.82 states, "A post master may close a post office box when the boxholder has . . . violated any regulation or contractual term or condition relating to the care or use of the box."

The Postal Service alleged that Mrs. Powell violated DMM Section 951.154 which reads:

Forwarding. Boxes may not be used when the sole purpose is, by subsequently filing change of address orders, to have mail forwarded or transferred to another address by the Postal Service free of charge.

The Postal Service filed copies of eleven change of address cards (P.S. Form 3575) which show that from October 16, 1981 through May 11, 1984, Petitioner requested her mail to be forwarded to various other addresses in Arizona, Mississippi and New Mexico.

Petitioner did not deny Respondent's allegations or the accuracy of these forms. In her July 3 letter, Mrs. Powell merely stated that she "travels around a good deal and needs post office box No. 1321 as a permanent address."

Based upon the foregoing, I find that Petitioner has violated DMM Section 951.54. Therefore, I grant Respondent's motion to dismiss the Petition.