Opinion
TC-MD 120443D
10-08-2012
KATE LAM-TUYEN HOANG, Plaintiff v. DEPARTMENT OF REVENUE, State of Oregon, Defendant.
DECISION OF DISMISSAL
JILL A. TANNER PRESIDING MAGISTRATE JUDGE
This matter is before the court on its Order, filed September 17, 2012, requesting Plaintiff to submit her agreement with Defendant's Status Report or a written response to Defendant's motion to dismiss within 14 days of the date of its Order. As of this date, Plaintiff has not responded to the court's order. The court's Order stated that Plaintiff's failure to comply with its Order would result in the court ruling on Defendant's motion to dismiss without Plaintiff's response.
Because Plaintiff failed to respond to the court's Order and Defendant stated in its Status Report, filed August 15, 2012, that it “accepted and processed” Plaintiff's “married filing separate nonresident tax return for the state of Oregon” and issued a Notice of Proposed Return Computation to its Status Report showing a “TOTAL BALANCE DUE [of] $0.00, ” Defendant's motion to dismiss is granted. There is no justiciable issue before the court. Now, therefore, IT IS THE DECISION OF THIS COURT that this matter be dismissed.