Conroy v. DOR

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IN THE OREGON TAX COURT MAGISTRATE DIVISION Small Claims Income Tax MACKENZIE CONROY, Plaintiff, v. DEPARTMENT OF REVENUE, STATE OF OREGON, Defendant. ) ) ) ) ) ) ) ) ) ) TC-MD 030012F 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 March 5, 2003, to consider Plaintiff's appeal. On January 30, 2003, notice of the case management conference was sent to Plaintiff at 542 Siskiyou Blvd, Ashland, Oregon, 97520, 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 March 11, 2003, 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 March 20, 2003, for his failure to appear, the court would dismiss the appeal. As of this / / / /// /// /// /// DECISION AND JUDGMENT OF DISMISSAL TC-MD 030012F 1 date, Plaintiff has not contacted the court. Under such circumstances, the court finds the appeal must be dismissed for want of prosecution. Now, therefore, IT IS ADJUDGED AND DECREED that the Complaint is dismissed. Dated this ____ day of April, 2003. ______________________________ SALLY L. KIMSEY MAGISTRATE THIS DOCUMENT WAS SIGNED BY MAGISTRATE SALLY L. KIMSEY ON APRIL 23, 2003. THE COURT FILED THIS DOCUMENT ON APRIL 23, 2003. DECISION AND JUDGMENT OF DISMISSAL TC-MD 030012F 2

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