Opinion
13098-19
03-14-2022
RONALD CORTEZ HERD, II, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER TO SHOW CAUSE
Juan F. Vasquez, Judge.
On July 27, 2020, respondent filed a Motion to Dismiss for Failure to Properly Prosecute. By Order filed on July 29, 2020, the Court ordered petitioner to file an objection to respondent's motion. Petitioner did not file an objection. The Court set respondent's motion for hearing at the remote trial session of the Court on November 15, 2021, for cases where Los Angeles, California, was listed as the place of trial. When this case was called from the calendar at that trial session, petitioner and respondent appeared and were heard. Petitioner orally moved to continue the case.
By Order filed on November 17, 2021, the Court granted petitioner's oral motion to continue, held respondent's motion to dismiss in abeyance, and set this case for trial at the remote trial session of the Court on March 28, 2022, for cases where Albuquerque, New Mexico, was listed as the place of trial. The Court also ordered the parties to submit a stipulated decision or file a status report on or before January 14, 2022.
On January 13, 2022, respondent filed a Status Report. Therein respondent reported that respondent had sent petitioner a letter on December 15, 2021, requesting documents and information concerning the issues in this case. As of the filing of the January 13, 2022, Status Report, respondent had not received any documents or information from petitioner. By Order filed on January 27, 2022, the Court ordered petitioner to file a status report on or before February 10, 2022. As of today, petitioner has not complied with that Order. On March 4, 2022, respondent filed a Status Report stating that respondent has yet to receive any documents or information from petitioner.
The foregoing considered, it is
ORDERED that on or before March 21, 2022, petitioner shall show cause, in writing, why respondent's Motion to Dismiss for Failure to Properly Prosecute, filed July 27, 2020, should not be granted and a decision entered in this case.