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Abandonment of Appeal

Appellant  failed to present extraordinary circumstances to set aside dismissal of his appeal for failure to file a pre-hearing statement where he claimed illness but produced no medical letter, and claimed a delay in the receipt of the show-cause order, but failed to submit even a late pre-hearing statement. In re Maestas, CSA 33-11, 1 (Order 8/9/11).

Motions to set aside final orders will be considered only upon a showing of extraordinary circumstances. In re Maestas, CSA 33-11, 1 (Order 8/9/11).

Appeal was abandoned when appellant failed to file a pre-hearing statement after receiving two extensions of time to do so. In re Gonzales, CSA 64-08, 1-2 (Order 10/10/08).  

An appeal that appellant withdrew, then attempted to revive with a fourth motion to continue that lacked good cause, resulted in dismissal with prejudice. In re Long, CSA 78-07 (Order 6/10/08).

Appellant abandoned his appeal when he failed to file a status report as ordered, request a continuance or extension of time, and failed to keep the hearing office informed of his current contact information. In re Fernandez, CSA 17-08 (Order 5/19/08).

Where appellant did not respond to some of the issues raised in a show cause order, unaddressed issues are dismissed as abandoned. In re Kemp, CSA 07-08 (Order 2/19/08).

Appeal was dismissed as abandoned when appellant failed to file a prehearing statement, request an extension of time to do so, or respond to a telephone message left by hearing office staff. In re Trujillo, CSA 23-06 (Order 5/16/06).

Appeal was dismissed as abandoned when appellant failed to respond to show cause order or file a request for extension of time to do so. In re Ursone, CSA 12-06 (Order 3/24/06).

Appeal was dismissed as abandoned and as prejudicial to the agency when appellant failed to appear at the scheduled hearing, after her telephoned request for a continuance eight minutes before hearing was denied for lack of good cause. In re Mondragon, CSA 121-05 (Order 1/19/06).

 
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