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WOODS v. BENTSEN

June 12, 1995

TAMMY WOODS, Plaintiff,
v.
LLOYD BENTSEN, Secretary, Dept. of the Treasury, Internal Revenue Service, Defendant.



The opinion of the court was delivered by: LOWELL A. REED, JR.

 Reed, J.

 June 12, 1995

 Plaintiff Tammy Woods brought this action against defendant Lloyd Bentsen, the Secretary of the Department of the Treasury, claiming that she was treated unlawfully while employed by the Internal Revenue Service ("IRS") as a Tax Examiner in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-1 to -17 ("Title VII").

 Currently before the Court is the motion by defendant for summary judgment. (Document No. 12) For the following reasons, the motion will be granted.

 I. PROCEDURAL HISTORY

 Plaintiff, appearing pro se, filed a motion to proceed in forma pauperis on July 11, 1994. The Court subsequently denied the plaintiff's motion by an Order dated July 18, 1994, having found that plaintiff failed to show an inability to afford the costs of this proceeding. The Order further stated that if plaintiff failed to pay the filing fee by August 15, 1994 her civil action would be dismissed without prejudice, but that upon timely payment of the fee, the complaint would be filed and summons issued. Plaintiff then paid the requisite filing fees on August 8, 1994, and the complaint was filed with the Court on that date. *fn1"

 Concurrent with the filing of the complaint, plaintiff also requested the Court appoint an attorney on her behalf. The Court appointed three competent counsel, each of whom subsequently declined representation. Consequently, the request was denied without prejudice on December 13, 1994. *fn2"

 Defendant eventually responded to plaintiff's complaint by filing the instant motion for summary judgment. In this motion, defendant avers that plaintiff: 1) failed to file her civil action within the applicable time period provided by 42 U.S.C § 2000e-16(c); and 2) failed to state a claim upon which relief could be granted under 42 U.S.C. § 2000e-16.

 II. FACTUAL BACKGROUND

 Plaintiff has been employed as a Tax Examiner (GS-7) in the Adjustment Correspondence branch of the IRS in Philadelphia, Pennsylvania since February of 1985. On November 4, 1991 she filed an Equal Employment Opportunity ("EEO") complaint with the Department of the Treasury ("agency complaint"). In plaintiff's agency complaint she alleged that several of her supervisors harassed and discriminated against her based on her marriage to an African-American. The agency determined on August 10, 1993 that no racial discrimination occurred.

 In April of 1994 plaintiff appealed the decision of the agency to the Equal Employment Opportunity Commission ("EEOC"). The EEOC investigated plaintiff's claim, visiting the IRS Philadelphia Service Center several times, and compiled numerous documents related to plaintiff's claim. *fn3" On April 20, 1994, the EEOC affirmed the agency's decision that plaintiff suffered no racial discrimination within the purview of Title VII.

 Plaintiff received word of the final EEOC decision via letter on April 29, 1994, including notification of her right to file a civil action under Title VII. Seventy-two days later, on July 11, 1994, this action ensued.

 III. DISCUSSION

 A. Appointment of Counsel

 Following the suggestion of the Court of Appeals for the Third Circuit, this Court will explain its reasons for ultimately denying appointment of counsel. Tabron v. Grace, 6 F.3d 147, 158 (3d Cir. 1993), cert. denied, 127 L. Ed. 2d 657, 114 S. Ct. 1306 (1994). *fn4" The Court appointed three competent attorneys to represent plaintiff, however, each declined to represent plaintiff upon reviewing the case. Faced with the refusal of all three counsel to represent plaintiff, the Court determined that reasonable efforts to secure counsel had been expended. As the Court of Appeals stated in Tabron, "we must take note of the significant practical restraints on the district courts' ability to appoint counsel [including] . . . the limited supply of lawyers who are willing to undertake such representation without compensation. We have no doubt ...


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