IN THE OREGON TAX COURT
MAGISTRATE DIVISION
Small Claims
Income Tax
RYAN TATEISHI,
Plaintiff,
v.
DEPARTMENT OF REVENUE,
State of Oregon,
Defendant.
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TC-MD 050654C
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 September 1, 2005, to consider Plaintiff’s
appeal. On June 29, 2005, notice of the case management conference was sent to Plaintiff at
920 N 34th Street #35, Seattle, Washington 98103, 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 September 1, 2005, the court sent Plaintiff a letter, which explained the importance of
diligently pursuing an appeal. That letter was not returned as undeliverable. The letter advised
that if Plaintiff did not provide a written explanation by September 16, 2005, for his failure to
appear, the court would dismiss the appeal. On September 12, 2005, Plaintiff telephoned the
court and stated he wished to withdraw his case. Plaintiff was directed to provide the court with
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DECISION and JUDGMENT OF DISMISSAL TC-MD 050654C
a written request to withdraw. Plaintiff failed to submit a written withdrawal, but he has,
nonetheless, expressed a desire to have the appeal dismissed and has not otherwise explained, in
writing, his failure to appear. Under such circumstances, the court finds the appeal must be
dismissed. Now, therefore,
IT IS ADJUDGED that the Complaint is dismissed.
Dated this ____ day of October 2005.
______________________________
DAN ROBINSON
MAGISTRATE
This document is final and may not be appealed. ORS 305.514.
This document was signed by Magistrate Dan Robinson October 20, 2005. The
Court filed this document October 20, 2005.
DECISION and JUDGMENT OF DISMISSAL TC-MD 050654C
