Gonzales-Elias v. Department of Revenue, Tc-Md 100046c (or.tax 4-12-2010) ( 2010 )

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 March 22, 2010, to consider Plaintiff's appeal. On March 4, 2010, notice of the case management conference was sent to Plaintiff at 725 SE Ford Street #18, McMinnville, OR 97128, 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 March 22, 2010, 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 April 5, 2010, for his failure to appear, the court would dismiss the appeal. As of this date, Plaintiff has not contacted the court. 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 the Complaint is dismissed.

Dated this _____ day of April 2010.

If you want to appeal this Decision, file a Complaint in theRegular 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 dateof the Decision or this Decision becomes final and cannot bechanged. This Decision was signed by Magistrate Dan Robinsonon April 12, 2010. The court filed and entered this Decisionon April 12, 2010.