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PEACOCK v. MAASS

No. 88C-11045; CA A61125.

783 P.2d 1043 (1989)

Thomas G. PEACOCK, Appellant, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided December 13, 1989.

Attorney(s) appearing for the Case

David B. Kuhns, Salem, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Keith W. Wingfield, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

Plaintiff,1 an inmate of the Oregon State Penitentiary, appeals from the dismissal of his claim for habeas corpus relief after the trial court granted defendant's ORCP 21 A(1) motion to dismiss for lack of subject matter jurisdiction. Any motion other than an ORS 34.680 motion to strike is inappropriate in habeas corpus actions. Bedell v. Schiedler, supra n. 1...

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