Harris
Harris v. United States
Opinion
lead Opinion
Rhoades, J.
ORDER GRANTING MOTION TO DISMISS
This matter is before the Court on a motion to dismiss brought by Defendant Robert E. Rubin, Secretary of the United States Department of the Treasury, (“Rubin”). 1 For the reasons stated below, Defendant’s motion to dismiss is granted.
. I. Background
On November 18, 1994, Plaintiff Shirley Harris (“Harris”), a Special Agent with the United States Customs Service, initiated a formal administrative complaint against her employer agency for discrimination. During the 180 day period for agency review, Harris consented to a 90 day extension pursuant to 29 C.F.R. § 1614.108 (e). On June 8, 1995, Plaintiff was notified by letter pursuant to 29 C.F.R. § 1614 .108® that the investigation of her complaint was completed and that she had three options: (1) request a hearing before an administrative judge; (2) request a final decision from the agency pursuant to § 1614.110; or (3) terminate her complaint. 2
In the letter of June 8,1995 sent to Harris, Harris was informed that if she were to choose option C, her “complaint will be closed and no further action will be taken by the Department.” Defendant’s Opposition, at Exhibit C. She was also informed that…