Garcia v. Department of Revenue

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IN THE OREGON TAX COURT MAGISTRATE DIVISION Income Tax GRACIELA GARCIA and ARTURO OLMEDO SILVA, Plaintiffs, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant. ) ) ) ) ) ) ) ) ) ) ) TC-MD 080501C 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 July 23, 2008, to consider Plaintiffs appeal. On May 14, 2008, notice of the case management conference was sent to Plaintiffs at 1015 W Madrona Ave, Hermiston OR 97838, which was the address Plaintiffs provided to the court. The notice was not returned as undeliverable. Plaintiffs did not appear at the case management conference, and there was no explanation for Plaintiffs failure to appear. On July 23, 2008, the court sent Plaintiffs a letter, which explained the importance of diligently pursuing an appeal. That letter was not returned as undeliverable. The letter advised that if Plaintiffs did not provide a written explanation by August 6, 2008, for their failure to appear, the court would dismiss the appeal. As of this date, Plaintiffs have not contacted the court. Under such circumstances, the court finds the appeal must be dismissed for want of prosecution. Now, therefore, DECISION OF DISMISSAL TC-MD 080501C 1 IT IS THE DECISION OF THIS COURT that this matter be dismissed. Dated this ____ day of August 2008. ______________________________ 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 August 13, 2008. The Court filed and entered this document on August 13, 2008. DECISION OF DISMISSAL TC-MD 080501C 2

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