KELLEY R. REIS v. DEPARTMENT OF REVENUE

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IN THE OREGON TAX COURT MAGISTRATE DIVISION Small Claims Income Tax KELLEY R. REIS, Plaintiff, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant. ) ) ) ) ) ) ) ) ) ) TC-MD 040828B 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 October 18, 2004, to consider Plaintiff s appeal. On September 8, 2004, notice of the case management conference was sent to Plaintiff at 1005 SW Park Ave. #402, Portland, OR 97205, 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 19, 2004, 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 November 4, 2004, for her failure to appear, the court would dismiss the appeal. As of this date, Plaintiff has not contacted the court. /// /// /// /// /// DECISION and JUDGMENT OF DISMISSAL TC-MD 040828B Under such circumstances, the court finds the appeal must be dismissed for want of prosecution. Now, therefore, IT IS ADJUDGED that the Complaint is dismissed. Dated this ____ day of November 2004. ______________________________ JEFF MATTSON MAGISTRATE THIS DOCUMENT IS FINAL AND MAY NOT BE APPEALED. ORS 305.514. THIS DOCUMENT WAS SIGNED BY MAGISTRATE JEFF MATTSON ON NOVEMBER 18, 2004. THE COURT FILED THIS DOCUMENT NOVEMBER 18, 2004. DECISION and JUDGMENT OF DISMISSAL TC-MD 040828B

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