Arvin E. Mitchell - Page 8

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          hearing.  Respondent’s counsel also called petitioner on                    
          September 7 and 8, 2004, and left messages reiterating the                  
          information set forth in the letter.  On September 8, 2004, the             
          day before the hearing, petitioner faxed a letter to respondent’s           
          counsel indicating that his physicians had advised him to avoid             
          any physical activity that might aggravate his medical condition            
          and that he would call the Court in Washington, D.C., on the                
          following day to inform the Court as to whether he would appear             
          at the hearing.  Petitioner did not provide any documentation               
          concerning the existence of a medical condition that would                  
          prevent him from attending the hearing.                                     
               On September 9, 2004, the case was called for hearing.                 
          There was no appearance by or on behalf of petitioner, but                  
          petitioner had called the Court to state that he would not appear           
          at the hearing that afternoon.  Counsel for respondent appeared             
          and presented oral arguments and produced documentary evidence in           
          support of the motion to dismiss.  We took respondent’s motion to           
          dismiss under advisement.                                                   
               Respondent’s motion to dismiss represents that:  (1) All               
          material allegations of fact set forth in the petition in support           
          of the assignments of error have been denied in the answer; (2)             
          petitioner has not raised any issues upon which respondent has              
          the burden of proof, and respondent has not conceded any error              
          assigned in the petition; (3) petitioner has not produced any               
          evidence to support the assignments of error in the petition; and           




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