Opinion
TC-MD 150026N
06-15-2015
CHAD W. POMEROY, Plaintiff v. JACKSON COUNTY ASSESSOR, Defendant.
FINAL DECISION OF DISMISSAL
ALLISON R. BOOMER MAGISTRATE
This Final Decision of Dismissal incorporates without change the court's Decision of Dismissal, entered May 29, 2015. The court did not receive a statement of costs and disbursements within 14 days after its Decision was entered. See TCR-MD 16 C(1).
This matter is before the court on its own motion to dismiss this case for lack of prosecution.
On April 21, 2015, the court issued an Order instructing Plaintiff to file a Motion for Summary Judgment by May 21, 2015, on the issue raised by Plaintiff of whether Defendant complied with the notice requirements in ORS 311.223(2). The Order stated that Plaintiff's failure to comply with the deadlines set forth therein would result in dismissal of Plaintiff's appeal. As of the date of this Decision of Dismissal, Plaintiff has not filed his Motion for Summary Judgment or any further communication with the court. Under those circumstances, the court concludes that this matter should be dismissed for lack of prosecution. Now, therefore, IT IS THE DECISION OF THIS COURT that this matter is dismissed.
IT IS FURTHER DECIDED that Plaintiff's request for reimbursement of his filing fees, made in his Complaint, is denied.