STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DAVID M. STOKER,

Petitioner,

vs.

KENTUCKY FRIED CHICKEN,

Respondent.

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) Case No. 01-2256

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RECOMMENDED ORDER OF DISMISSAL

Pursuant to notice, this cause came on for formal hearing before P. Michael Ruff, duly-designated Administrative Law Judge of the Division of Administrative Hearings on July 11, 2002, in Chipley, Florida. The appearances were as follows:

APPEARANCES

For Petitioner: No Appearance

For Respondent: Thomas J. Brown, Esquire

1102 East Tennessee Street Tallahassee, Florida 32308

STATEMENT OF THE ISSUE

The issue to be resolved in this proceeding concerns whether the Petitioner was unlawfully discriminated against on the basis of his race, when he was not hired by the Respondent for a vacant job position.

PRELIMINARY STATEMENT AND CONCLUSION

This cause arose upon the filing of a Petition for Relief by the Petitioner David M. Stoker alleging, in essence, that he was refused a position with the Respondent corporation at its store or facility in Chipley, Florida, allegedly on the basis of his race (white). The Florida Commission on Human Relations (Commission) investigated the matter and ultimately entered a determination of "No Cause." The matter was duly transferred to the Division of Administrative Hearings and scheduled for formal proceeding and hearing before the undersigned.

The cause came on for hearing as noticed. Upon convening the hearing at the time duly appointed by the Notice of Hearing, the Petitioner failed to appear. The undersigned, counsel for the Respondent, and the court reporter waited approximately one- half hour for the Petitioner to arrive and the Petitioner never appeared. Consequently, the Petitioner having the burden of proof, the hearing was adjourned for entry of this Recommended Order of Dismissal. No communication by pleading, motion or otherwise has been received from the Petitioner in more than one month since the day set for hearing. The Notice of Hearing was mailed to the Petitioner at Post Office Box 463, Wassau, Florida 32463, the Petitioner's last-known address of record.

Consequently, the Petitioner having the burden of proof and no

evidence in support of the Petitioner's cause having been presented, it is

RECOMMENDED that a final order be entered dismissing the Petition in its entirety.

DONE AND ENTERED this 16th day of August, 2002, in Tallahassee, Leon County, Florida.

P. MICHAEL RUFF Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with Clerk of the

Division of Administrative Hearings this 16th day of August, 2002.

COPIES FURNISHED:

Thomas J. Brown, Esquire 1102 East Tennessee Street Tallahassee, Florida 32308

David M. Stoker Post Office Box 463

Wausau, Florida 32463

Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Cecil Howard, General Counsel Florida Commission on Human Relations

325 John Knox Road Building F, Suite 240

Tallahassee, Florida 32303-4149

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 01-002256

Orders for Case No: 01-002256