In the Matter of the Petition by:                               ) 
                                                                               )
DAVID S. DERIEMER                                               )
P. O. Box 312                                                         )
Nassau, DE 19969-0312                                        )
                                                                               )
Termination of Mail Box Service                             )
for P. O. Box 312, Nassau, DE                               )  P. S. Docket No. 39/141

APPEARANCE FOR PETITIONER:                           David S. DeRiemer, Pro Se
                                                                               P. O. Box 312
                                                                              Nassau, DE 19969-0312

APPEARANCE FOR RESPONDENT:                       Jeannine H. Walter, Esq.
                                                                               Consumer Protection Division
                                                                               Law Department
                                                                               United States Postal Service
                                                                               Washington, DC 20260-1144

INITIAL DECISION ON MOTIONS FOR SUMMARY JUDGMENT

Respondent has moved for summary judgment in this matter on the ground that he is entitled to judgment as a matter of law and that there are no genuine issues of material fact. Petitioner, on the one hand, opposes the motion and demands a hearing on the ground that denial of a hearing would deprive him of due process and, on the other, moves for summary judgment in his favor with damages in the amount of $50,000.

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The record discloses no genuine or material issues of fact requiring a hearing. Petitioner does not deny doing the acts described by the Postmaster in her letter dated June 10, 1992, supporting her determination to close P. O. Box 312, Nassau, DE 19969. Petitioner, however, denies that such actions violate Postal regulations or the Federal Criminal Code.

The matter is appropriate for disposition by way of summary judgment under 39 C.F.R. § 958.3(d).

FINDINGS OF FACT

1. Petitioner David S. DeRiemer is the holder of P. O. Box 312, Nassau, DE 19969.

2. Mr. DeRiemer, in the use of such box for more than one year, has refused to use the two letter state designation and a ZIP Code and directs his correspondents to do likewise in sending mail to him at the box. He has marked "Returned to Sender" mail properly addressed to him using the two-letter designation and the ZIP Code on the ground that such designation and ZIP Code are illegal requirements and should not be followed.

3. A typical address which Petitioner insists on using on his mail is as follows:

"David S. DeRiemer
c/o P. O. Box 312
Nassau, NON DOMESTIC
Delaware (NOT DE)
no zip number"

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4. Domestic Mail Manual (DMM) § 122.13 requires, with exceptions not pertinent to this matter, that a mailing address must contain a ZIP Code in addition to the name of the intended recipient, street and number or box number, city and state. DMM § .159 specifies that mail incompletely addressed may be treated as undeliverable.

5. In a letter dated May 14, 1992, Petitioner was advised by a Postal Inspector to discontinue use of this improper address on his mail and that continued use thereof would result in mail being returned to sender or returned to Mr. DeRiemer.

6. Petitioner continued to use such address and on June 10, 1992, the Postmaster at Nassau, DE, issued her determination to terminate the box for Petitioner's violation of regulations and laws relating to use of the mails and post office boxes including that requiring use of a proper address.

7. By letter dated June 22, 1992, containing his address as set forth in finding 3, above, Mr. DeRiemer timely opposed the determination and requested a hearing.

DISCUSSION

The record shows that since early 1991, the Nassau Postmaster, the Postal Inspection Service and the Law Department of the Postal Service have advised Mr. DeRiemer of his violation of law and postal regulations in his continual use of two-cents postage, instead of the current First-Class rate of twenty-nine cents, on first-class

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letters mailed by him, his advice to others to use two-cents postage on such letters, and his use of rubber stamp markings resembling official postal service markings on mail sent and received by him. He has repeatedly been directed to cease these practices. His response has been refusal to comply with such directions based on his claim that a statute, long since repealed, fixes two-cents per half ounce as the first-class postage rate. Although his use of improper postage does not appear to violate provisions of the DMM specifically relating to box usage, it reflects, along with his refusal to use a ZIP Code, a disposition to flout postal laws and regulations causing disruption to postal operations.

CONCLUSIONS OF LAW

Petitioner's refusal to use a ZIP Code on mail related to P. O. Box 312 violates DMM § 122.13. Based on such refusal, the Postmaster properly determined to terminate service to Petitioner at that box. Accordingly, Respondent's motion for summary judgment is granted and the petition is dismissed. Petitioner's motion for summary judgment and money damages is denied.

Quentin E. Grant
Chief Administrative Law Judge