Hoffman v. Department of Revenue

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IN THE OREGON TAX COURT MAGISTRATE DIVISION Income Tax MICHAEL BLAINE HOFFMAN, Plaintiff, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant. ) ) ) ) ) ) ) ) ) ) TC-MD 100075D DECISION 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 April 6, 2010, to consider Plaintiff s appeal. On March 22, 2010, the court sent notice of the scheduled case management conference to Plaintiff at 7851 SW Barnard Drive, Beaverton, OR 97007, which is the address Plaintiff provided to the court. The notice was not returned as undeliverable. On April 6, 2010, 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 April 21, 2010, for his failure to appeal, 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, /// /// /// /// DECISION OF DISMISSAL TC-MD 100075D 1 IT IS THE DECISION OF THIS COURT that the Complaint is dismissed. Dated this day of May 2010. JILL A. TANNER PRESIDING 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 Decision was signed by Presiding Magistrate Jill A. Tanner on May 5, 2010. The court filed and entered this Decision on May 5, 2010. DECISION OF DISMISSAL TC-MD 100075D 2

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