Pollock v. Department of Revenue

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IN THE OREGON TAX COURT MAGISTRATE DIVISION Income Tax WANDA S. POLLOCK, ) ) Plaintiff, ) TC-MD 060344A ) v. ) ) DEPARTMENT OF REVENUE, ) State of Oregon, ) ) Defendant. ) 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 June 1, 2006, to consider Plaintiff s appeal. On May 11, 2006, notice of the case management conference was sent to Plaintiff at 4950 Fish Hatchery Road, Grants Pass, Oregon, 97527, which was the address 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 June 1, 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 June 15, 2006, for her failure to appear, the court would dismiss the appeal. As of this date, Plaintiff has not contacted the court. /// /// /// /// /// DECISION OF DISMISSAL TC-MD 060344A 1 Under such circumstances, the court finds the appeal must be dismissed for want of prosecution. Now, therefore, IT IS THE DECISION OF THIS COURT that this matter be dismissed. Dated this ____ day of June, 2006. ______________________________ DAN ROBINSON 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 document was signed by Magistrate Dan Robinson on June 20, 2006. The Court filed and entered this document on June 20, 2006. DECISION OF DISMISSAL TC-MD 060344A 2

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