SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background

II. Ordering Paragraphs

I. Background

This complaint stems from a dispute between the Postal Service and Complainant regarding delivery of mail to his home. Complainant asserts three causes of action in his Complaint. Specifically, Count I alleges that the Postal Service has breached a settlement agreement between the parties. Count II alleges that the Postal Service violated 39 U.S.C. 403(1) by failing to maintain an efficient system of sorting and delivering the mail. Count III alleges that the Postal Service violated 39 U.S.C. 403(c) by discriminating against him in the delivery of his mail.

Pursuant to 39 U.S.C. 3662(b), the Commission concludes that Complainant has raised sufficient issues of material law and fact as to Count III. The Commission shall dismiss Counts I and II.

The Commission appoints a presiding officer to preside over the conduct of the proceedings, including but not limited to scheduling, discovery, potential hearings, and briefing in this matter. The Commission finds good cause to waive the appointment of an officer of the Commission designated to represent the interests of the general public in this proceeding as required by 39 CFR 3022.30(c) because the violations alleged in the Complaint pertain solely to Complainant rather than the general public.

II. Ordering Paragraphs

It is ordered:

1. The Commission finds that Complainant's Formal Complaint for Systemic Breach of Settlement Agreement and Violation of Service Standards, filed July 16, 2026, raises material issues of law and fact.

2. Complainant's Motion for Leave to File a Supplemental Filing and Notice of Ongoing Severe Mail Misrouting as Substantive Evidence, filed July 16, 2026, is granted.

3. The Motion of the Rural Carrier Protection & Accountability Alliance for Leave to File Amicus Curiae Brief in Opposition to Postal Service Moton to Dismiss, filed August 6, 2026, is granted.

4. The Complainant's Motion for Leave to Reply, and Reply to Respondent's Opposition to the Motion to Strike, filed August 26, 2026, is granted.

5. The Pro Se Complainant's Motion to Strike Respondent's Untimely Motion to Dismiss, and Alternate Opposition to the Motion to Dismiss, filed August 13, 2026, is denied.

6. The United States Postal Service Motion to Dismiss, August 5, 2026, is granted except for the claim related to the alleged violation of 39 U.S.C. 403(c), for which it is denied.

7. Pursuant to 39 CFR 3010.106, the Commission appoints Joseph K. Press as presiding officer in this proceeding.

8. Pursuant to 39 CFR 3022.12(b) and 3022.14, the Postal Service is directed to file an answer to the Complaint within 10 days of this Order.

9. After the Postal Service files its answer, the presiding officer shall set a procedural schedule, which will incorporate an opportunity for the parties to pursue settlement.

10. The presiding officer shall, pursuant to 39 CFR 3010.335, provide a public written intermediate decision including findings of fact and conclusions of law on the issues raised in this proceeding.

11. In accordance with 39 CFR 3022.41, if a complaint is resolved informally, in whole or in part, subsequent to Commission action under 39 CFR 3022.30(a)(1), the Complainant must promptly file: (1) a statement explaining the resolution; and (2) a motion to dismiss or amend the complaint based on the resolution.

12. The Commission dockets staff shall make Complainant's Motion for Leave to File a Supplemental Filing and Notice of Ongoing Severe Mail Misrouting as Substantive Evidence and Formal Request for Reasonable Accommodations/Section 508 Waiver of Electronic Filing Requirements, both filed by Complainant on July 16, 2026, publicly available on the dockets system.

13. This Order, or an abstract thereof, shall be published in the Federal Register .

91 FR 57392