BIRD v. MAASS

90C-10576; CA A64583.

800 P.2d 792 (1990)

104 Or.App. 271

Rick BIRD, Appellant, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided November 7, 1990.


Attorney(s) appearing for the Case

Elaine B. Oliver, and Swaim & Betterton, P.C., Salem, filed the brief, for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Ann Kelley, Asst. Atty. Gen., Salem, filed the brief, for respondent.

Before BUTTLER, P.J., and NEWMAN and DEITS, JJ.


DEITS, Judge.

Plaintiff appeals the dismissal of his claim for habeas corpus relief. The question is whether the court may dismiss a case on the basis of the petition after the court has issued the writ, but before the pleadings have been filed. We reverse.

Plaintiff, an inmate at Oregon State Penitentiary, filed a habeas corpus petition claiming that defendant had denied him access to his attorney by failing to photocopy some papers that he...

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