Opinion
21029-21S
11-02-2022
ASA C. MCCLELLAN III, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
ELIZABETH CREWSON PARIS, JUDGE
On October 7, 2022, docket entry 9, respondent filed a Motion to Dismiss for Lack of Prosecution.
By Order dated October 20, 2022, docket entry 10, the Court set respondent's Motion for Hearing at the October 31, 2022, Houston, Texas Trial Session of the Court and reminded petitioner that failure to properly prosecute his case could result in this case being dismissed.
This case was called from the calendar for Hearing at the Court's Houston, Texas Trial Session on October 31, 2022. There was no appearance by or on behalf of petitioner. Counsel for respondent appeared and was heard.
After due consideration, and for cause more fully appearing in the transcript of the proceeding, it is ORDERED that respondent's Motion to Dismiss for Lack of Prosecution, filed October 7, 2022, docket entry 9, is taken under advisement. It is further
ORDERED that, on or before November 30, 2022, respondent shall file a Status Report. Respondent's report shall (1) state attempts to serve petitioner with the above referenced motion by personal service; and (2) attach a copy of a signature confirmation, return receipt, or other delivery confirmation from petitioner.