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Case 1:05-cv-00345-SLR Document 1-2 Filed 05/27/2005 Page 1 013
EEOC D1sm1ssal

Case 1:05-cv-00345-SLR Document 1-2 Filed 05/27/2005 Page 2 of 3
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Equal Employment Opportunity Commission A
_ Baltimore District Office
I 10 S. Howard Street, Third Floor
Baltimore, Maryland 21201
i ( Date: April ’t, 2005
JAMES N. PATNAUDE E
( EEOC CASE NO.
COMPLAINANT ( 120-2005-00026X
(
(
v. E
JOHN D. ASHCROFT, ATTORNEY GENERAL (
U.S. DEPARTMENT OF JUSTICE ( AGENCY CASE NO.
FEDERAL BUREAU OF INVESTIGATION ( F-03-5803 .
(
AGENCY (

MEMORANDUM AND ORDER OF DISMISSAL
This matter is now before the undersigned on the Agency’s Motion To Dismiss For
Failure To File Prehearing Statement And Failure To Adequately Participate In the EEO
Administrative Process tiled on March l7, 2005. Complainant has not responded to the
Agency’s motion. The Agency is seeking dismissal of Complainant’s case for failure to proceed.
During the telephone conference of February 18, 2005, the parties were ordered to submit
prehearing statements. Complainant was ordered to submit a prehearing statement on or before
March ll, 2005 and the Agency was ordered to submit its prehearing statement on April l, 2005.
The Agency complied with the order. Complainant failed to comply with the order.
The Agency noted that Complainant had failed to comply with a previous order
compelling the Complainant to respond to the Agency’s discovery request. As a result of
Complainant’s actions, sanctions were imposed upon Complainant. In addition, during the
February 18, 2005 prehearing conference, Complainant was admonished for his failure to timely
submit a witness list and informed that any further violations of orders may lead to sanctions.
Despite the Agency’s motion, Complainant has neither submitted a prehearing statement
or explained his lapse. Accordingly, the above-captioned matter is hereby DISMISSED WITH
PREJUDICE and REMANDED to the Agency for a final agency decision. Complainant’s
unexplained violation of the order to submit a prehearing statement constitutes a failure to
proceed.
It is so ORDERED. _
For the Commission: (210/*
ENECHI A. MOD
ADMINISTRAT JUDGE

Case 1:05-cv-00345-SLR Document 1-2 Filed 05/27/2005 Page 3 of 3
` n CERTIFICATE OF SERVICE
For timeliness purposes, it shall be presumed that the parties received the foregoing ORDER OF DISMISSAL
within five (5) calendar days after the date it was sent vin first class mail. Icertify that on April 4, 2005 the foregoing
ORDER’s were sent via first class mail to the following:
James Nelson Patnaude
9 Withams Road
Newark, DE 1971 I _
Mindy A. Kaiden, Esq
AGC/ELU H/FBI/OGC/Suite 400
1001 Pennsylvania Avenue, NW
Washington, DC 20535
Veronica Venture, EEO Officer l
JUSTICEIFBI
935 Pennsylvania Avenue, NW
Washington, DC 20535-0001
A. Tognocchi
Legal Technician
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