Opinion
19193-21
08-31-2023
ASHLEY SANDEROCK-MURPHY & B. MURPHY, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Christian N. Weiler Judge.
This case was called from the calendar of the Court's Jackson, Mississippi, May 1, 2023, trial session. There was no appearance by or on behalf of the petitioners. Respondent appeared and was heard. On April 4, 2023, respondent filed a Motion to Dismiss for Failure to Properly Prosecute which was taken under advisement by the Court. By Order served on May 8, 2023, the Court directed petitioners to show cause as to why respondent's Motion to Dismiss for Failure to Properly Prosecute should not be granted. This Court's Order served on May 8, 2023, was returned as undeliverable by USPS; however, nevertheless, the Court received a written response from petitioner Ashley Sanderock-Murphy on August 21, 2023 (Index #19), along with her updated current mailing address. Using this information, the Court updated petitioner's mailing address. Since petitioner Ashley Sanderock-Murphy has appeared and seeks to now prosecute this matter, the Court is not inclined to grant respondent's Motion to Dismiss for Failure to Properly Prosecute.
Considering the foregoing, it is
ORDERED that on or before September 29, 2023, respondent shall file a reply to petitioner's response received on August 21, 2023.