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BROOKS v. CUPP

488 P.2d 804 (1971)

Roger Allen BROOKS, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 1.

Decided September 21, 1971.

Rehearing Denied September 30, 1971.

Review Denied November 3, 1971.

Attorney(s) appearing for the Case

Roger Allen Brooks, in pro. per.

Jim G. Russell, Asst. Atty. Gen., Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem, for respondent.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.

LANGTRY, Judge.

Petitioner appeals from dismissal of his petition for writ of mandamus (ORS 34.110, 34.120) seeking to require the Superintendent of Oregon State Penitentiary to discontinue "present censorship practices which are in violation of the rights of the 1st and 4th Amendment of the U.S. Constitution," alleging in particular:

"1. The defendant does not allow correspondance [sic] without first acquiring written permission from petitioner to censor...

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