Warren v. Department of Revenue

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IN THE OREGON TAX COURT MAGISTRATE DIVISION Small Claims Income Tax KRISTINA (VOSS) WARREN, Plaintiff, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant. ) ) ) ) ) ) ) ) ) ) TC-MD 050834C 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 November 9, 2005, to consider Plaintiff s appeal. On October 17, 2005, notice of the case management conference was sent to Plaintiff at 1243 Toledo Street, Bellingham WA 98229, which was the address Plaintiff provided to the court. The notice was not returned as undeliverable. When court staff called for the case management conference, a man informed the court that Plaintiff was working and would not be appearing. On November 9, 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 November 21, 2005, for her failure to appear, the court would dismiss the appeal. On November 14, 2005, Plaintiff informed the court that she wished to withdraw her appeal and would not be responding to the court s letter. /// /// /// DECISION and JUDGMENT OF DISMISSAL TC-MD 050834C As of this date, there has been no further communication from Plaintiff. 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 ________________ 2005. ______________________________ DAN ROBINSON MAGISTRATE This document is final and may not be appealed. ORS 305.514. This document was signed by Magistrate Dan Robinson November 30, 2005. The Court filed this document November 30, 2005. DECISION and JUDGMENT OF DISMISSAL TC-MD 050834C

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