IN THE MAGISTRATE DIVISION
OF THE OREGON TAX COURT
Small Claims
Income Tax
REBECCA D. ELLIOTT,
Plaintiff,
v.
DEPARTMENT OF REVENUE,
STATE OF OREGON,
Defendant.
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No. 010946C
DECISION AND JUDGMENT
OF DISMISSAL
This matter is before the court on its own motion to dismiss this case for want of
prosecution.
A case management conference was scheduled on October 11, 2001, to consider
Plaintiff's appeal. On August 14, 2001, notice of the case management conference was
sent to Plaintiff at 1905 Maple Avenue, NE, Salem, Oregon, 97303, which was the address
Plaintiff provided to the court. The notice was not returned as undeliverable. Plaintiff did
not appear at the case management conference, and there was no explanation for
Plaintiff's failure to appear.
On October 11, 2001, the court sent Plaintiff a letter, which explained the
importance of diligently pursuing an appeal. This letter was not returned as undeliverable.
The letter advised that if Plaintiff did not provide a written explanation by November 9,
2001, for her failure to appear, the court would dismiss the appeal. As of this date, Plaintiff
has not contacted the court. Under such circumstances, the court finds the appeal must be
dismissed for want of prosecution. Now, therefore,
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DECISION AND JUDGMENT OF DISMISSAL CASE NO. 010946C
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IT IS HEREBY ADJUDGED AND DECREED that the Complaint is dismissed.
Dated this ____ day of November, 2001.
______________________________
DAN ROBINSON
MAGISTRATE
THIS DOCUMENT WAS SIGNED BY MAGISTRATE DAN ROBINSON ON
NOVEMBER 28, 2001. THE COURT FILED THIS DOCUMENT ON NOVEMBER 28,
2001.
DECISION AND JUDGMENT OF DISMISSAL CASE NO. 010946C
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