Criswell v. Department of Revenue

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IN THE OREGON TAX COURT MAGISTRATE DIVISION Small Claims Income Tax JAYSON M. CRISWELL, Plaintiff, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant. ) ) ) ) ) ) ) ) ) ) TC-MD 050822C 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 January 31, 2006, to consider Plaintiff s appeal. On December 2, 2005, notice of the case management conference was sent to Plaintiff at 1280 NE 63rd Way Apt 806, Hillsboro, OR 97124-6713, 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 January 31, 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 by February 14, 2006, for his failure to /// /// /// /// /// /// DECISION and JUDGMENT OF DISMISSAL TC-MD 050822C appear, 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, IT IS ADJUDGED that the Complaint is dismissed. Dated this ____ day of February 2006. ______________________________ DAN ROBINSON MAGISTRATE This document is final and may not be appealed. ORS 305.514. This document was signed by Magistrate Dan Robinson February 27, 2006. The Court filed this document February 27, 2006. DECISION and JUDGMENT OF DISMISSAL TC-MD 050822C

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