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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-089

FCHR Order No. 11-089

Date of Release: 12/07/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

BEYANCA B. CANNON

EEOC Case No. 15D201100011

Petitioner

FCHR Case No. 2010-02708

 

DOAH Case No. 11-2768

v.

 

DEPARTMENT OF CORRECTIONS

FCHR Order No. 11-089

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

This matter is before the Commission for consideration of the Order Closing File, dated September 8, 2011, issued in the above-styled matter by Administrative Law Judge Diane Cleavinger.

Findings of Fact and Conclusions of Law

Judge Cleavinger’s order reflects that Petitioner failed to comply with an order of the Administrative Law Judge. Specifically, upon finding the Petition for Relief to be inadequate, the Administrative Law Judge issued an order dated August 4, 2011, allowing Petitioner until August 19, 2011, to file an amended Petition for Relief. Petitioner failed to respond to the August 4, 2011, order.

We note that, generally, Commission panels have concluded that a Petitioner’s failure to respond to orders of an Administrative Law Judge amounts to a voluntary dismissal of the Petition for Relief. See, generally, Roundtree, et al. v. Advenir at Stonelake, LLC, FCHR Order No. 11-069 (August 30, 2011), Biggers v. Rooms To Go, FCHR Order No. 09-045 (May 12, 2009), Shook v. Riverside National Bank, FCHR Order No. 08-029 (May 6, 2008), Clifton v. Krys, et al., FCHR Order No. 07-062 (November 7, 2007), Bordonaro v. The Green at the Heather Condominium Association, Inc., FCHR Order No. 07-010 (February 14, 2007), Butler v. The Pepsi Bottling Group, FCHR Order No. 06-107 (December 4, 2006), Castellanos v. Express Net Airlines Pilots Association, FCHR Order No. 05-061 (June 15, 2005), Mayfield v. Karl’s Haberdashery of Florida, Inc., FCHR Order No. 04-020 (March 10, 2004), and Kenny v. Florida Department of Corrections, FCHR Order No. 02-020 (June 3, 2002).

Based on the foregoing, we conclude that the Petition for Relief should be dismissed.

FCHR Order No. 11-089

Page 2

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge’s Order Closing File.

Dismissal

The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 7th day of December , 2011.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Mario M. Valle, Panel Chairperson;

Commissioner Gayle Cannon; and

Commissioner Lizzette Romano

Filed this 7th day of December , 2011,

in Tallahassee, Florida.

/s/

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

NOTICE TO COMPLAINANT / PETITIONER

As your complaint was filed under Title VII of the Civil Rights Act of 1964, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), you have the right to request EEOC to review this Commission’s final agency action. To secure a “substantial weight review” by EEOC, you must request it in writing within 15 days of your receipt of this Order. Send your request to Miami District Office (EEOC), One Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, 27th Floor, Miami, FL 33131.

FCHR Order No. 11-089

Page 3

Copies furnished to:

Beyanca B. Cannon

c/o Jamison Jessup, Qualified Representative

Florida Education Advocate, Inc.

557 Noremac Avenue

Deltona, FL 32738

Beyanca B. Cannon

1048 Tortuga Drive

Pensacola, FL 32534

Department of Corrections

c/o Bonnie Ann Wilmot, Esq.

c/o Jill Bennett, Esq.

501 South Calhoun Street

Tallahassee, FL 32399-2500

Diane Cleavinger, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 7th day of December , 2011.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations