Matias v. Department of Revenue
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IN THE OREGON TAX COURT MAGISTRATE DIVISION Income Tax FREDY MATIAS, Plaintiff, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant. ) ) ) ) ) ) ) ) ) ) TC-MD 101088D DECISION OF DISMISSAL This matter is before the court on its own motion to dismiss this case for lack of prosecution. On November 19, 2010, the court sent the parties a Journal Entry instructing Plaintiff to file a response to Defendant's recommendations, or file a request to withdraw or request that a trial be scheduled by March 15, 2011. The Journal Entry advised that failure to comply with the deadlines set forth therein might result in dismissal of Plaintiff s appeal. Plaintiff s deadline has passed and the court has not received Plaintiff s written response or any further communication from Plaintiff. As a consequence, the court finds this matter should be dismissed for lack of prosecution. Now, therefore, IT IS THE DECISION OF THIS COURT that this matter is dismissed. Dated this day of March 2011. 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. /// DECISION OF DISMISSAL TC-MD 101088D 1 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 March 25, 2011. The Court filed and entered this document on March 25, 2011. DECISION OF DISMISSAL TC-MD 101088D 2
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