Opinion
5195-22
09-27-2023
JAMES E. RATLIFF, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
CARY DOUGLAS PUGH JUDGE
This case is currently set for trial at the Court's October 10, 2023, Birmingham, Alabama trial session. On September 26, 2023, respondent filed a Motion for Leave to File a Motion to Dismiss for Failure to Properly Prosecute, and lodged a Motion to Dismiss for Failure to Properly Prosecute. Upon due consideration and for cause, it is hereby
ORDERED that respondent's Motion for Leave to File Motion to Dismiss for Failure to Properly Prosecute, filed September 26, 2023, is granted and the Motion to Dismiss for Failure to Properly Prosecute is filed as of the date of this Order. It is further
ORDERED that, on or before the call of this case from the calendar, petitioner shall file a response to respondent's Motion to Dismiss for Failure to Properly Prosecute. It is further
ORDERED that respondent's Motion to Dismiss for Failure to Properly Prosecute is set for hearing at the Court's Birmingham, Alabama trial session scheduled to commence October 10, 2023, at 10:00 am at the U.S. Circuit Court Jefferson County Courthouse, 717 Richard Arrington, Jr., Blvd., North Birmingham, AL 35203.
Petitioner is advised that failure to comply with this Order or failure to appear at trial may result in the Court granting respondent's motion to dismiss and entering an order and decision against petitioner. This Order constitutes official notice to the parties.