Hall v. Department of Revenue

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IN THE OREGON TAX COURT MAGISTRATE DIVISION Income Tax LINDSAY R. HALL Plaintiff, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant. ) ) ) ) ) ) ) ) ) ) TC-MD 060707E DECISION OF DISMISSAL This matter is before the court on its own motion to dismiss the above-entitled appeal for want of prosecution. The court scheduled a telephone case management conference for November 13, 2006, to consider Plaintiff’s appeal. On October 17, 2006, the court sent notice of the case management conference to Plaintiff at 1022 NE 181st Avenue, #B1, Portland, Oregon 97230, which was the address Plaintiff provided to the court. That 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 November 13, 2006, 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 for her failure to appear for the conference by November 27, 2006, the court would dismiss the appeal. As of this date, Plaintiff has not provided a written explanation to the court. Under such circumstances, the court finds the appeal must be dismissed for want of prosecution. Now, therefore, /// /// DECISION OF DISMISSAL TC-MD 060696E 1 IT IS THE DECISION OF THIS COURT that this matter be dismissed. Dated this ____ day of December 2006. ______________________________ COYREEN R. WEIDNER MAGISTRATE If you want to appeal this Decision, file a Complaint in the Regular Division of the Oregon Tax Court, by mailing to: 1163 State Street, Salem, OR 97301-2563; or by hand delivery to: Fourth Floor, 1241 State Street, Salem, OR. Your Complaint must be submitted within 60 days after the date of the Decision or this Decision becomes final and cannot be changed. This document was signed by Magistrate Coyreen R. Weidner on December 4, 2006. the Court filed and entered this document on December 4, 2006. DECISION OF DISMISSAL TC-MD 060696E 2