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mail in the post office at Pacific Palisades. He testified that
the routine procedure for handling certified mail was to attempt
to personally deliver certified mail to the addressee. If the
addressee was not home, the mail carrier would leave a yellow
notice, Form 3849, at the residence notifying the person that
there was an accountable piece of mail that needed to be picked
up from the Postal Service. The Form 3849 usually indicates the
identification of the sender. Normal procedures of the Postal
Service are to leave not only a first notice but a second and
third notice to the addressee of the certified mail. If the
certified mail is not picked up within 15 days, it is returned to
the sender.
Mr. Ficklin examined the subject envelope and opined that
someone had written the correct numbers of petitioner’s address,
705, on the envelope and had attempted to make delivery of the
envelope by leaving notices. Mr. Ficklin indicated that there
was a person under his supervision by the name of May Johnson
(Ms. Johnson), whose initials may have been MLJ. Ms. Johnson
still works for the U.S. Postal Service at a different office in
Los Angeles.
Petitioner testified that the identity of his mail carrier
in 1996 was one Dean Holmes (Mr. Holmes). Mr. Ficklin
acknowledged that Mr. Holmes had been in the Pacific Palisades
office but believed that he had been retired in 1996. Mr.
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