Angel v. Department of Revenue

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IN THE OREGON TAX COURT MAGISTRATE DIVISION Income Tax LINDA MAE ANGEL, Plaintiff, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant. ) ) ) ) ) ) ) ) ) ) TC-MD 120069N DECISION OF DISMISSAL This matter is before the court on its own motion to dismiss this case for lack of prosecution. A trial was scheduled at 9:00 a.m. on May 8, 2012, to consider Plaintiff s appeal. The May 8, 2012, trial date was agreed upon by the parties during a case management conference held April 2, 2012. On April 3, 2012, the court sent notice of the scheduled trial to Plaintiff at her email address, which is the address Plaintiff provided to the court. The notice was not returned as undeliverable. The notice advised that if Plaintiff did not appear, the court might dismiss the appeal. Plaintiff did not appear at the May 8, 2012, trial.r Under such circumstances, the court finds the appeal must be dismissed for lack of prosecution. Now, therefore, IT IS THE DECISION OF THIS COURT that the Complaint is dismissed. Dated this day of May 2011. ALLISON R. BOOMER MAGISTRATE PRO TEMPORE 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 Pro Tempore Allison R. Boomer on *. The Court filed and entered this document on *. DECISION OF DISMISSAL TC-MD 120069N 1 DECISION OF DISMISSAL TC-MD 120069N 2

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