Love v. Department of Revenue

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IN THE OREGON TAX COURT MAGISTRATE DIVISION Income Tax CHRISTINE A. LOVE, Plaintiff, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant. ) ) ) ) ) ) ) ) ) ) TC-MD 080562D 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 17, 2008, to consider Plaintiff s appeal. On May 21, 2008, notice of the case management conference was sent to Plaintiff at 19495 SE Debora Drive, Damascus OR 97089, 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 July 21, 2008, 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 August 4, 2008, for her failure to appear, the court would dismiss the appeal. As of this date, Plaintiff has not contacted the court in /// /// /// /// /// DECISION OF DISMISSAL TC-MD 080562D 1 response to the July 21, 2008, letter. 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 August 2008. ______________________________ JILL A. TANNER PRESIDING 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 Presiding Magistrate Jill A. Tanner on September 11, 2008. The Court filed and entered this document on September 11, 2008. DECISION OF DISMISSAL TC-MD 080562D 2

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