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FOX v. ZENON

89-C-11888; CA A63356.

806 P.2d 166 (1991)

106 Or. App. 37

Steven FOX, Appellant, v. Carl ZENON, Superintendent, Oregon State Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided February 20, 1991.

Attorney(s) appearing for the Case

Stephen J. Bedor, Salem, argued the cause and filed the brief for appellant.

Yuan Xing Chen, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen. and Janet A. Klapstein, Asst. Atty. Gen., Salem.

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

NEWMAN, Judge.

Plaintiff appeals a judgment for defendant after the court dismissed his writ of habeas corpus for lack of jurisdiction. He assigns that ruling as error. We reverse.

Plaintiff is incarcerated in the Oregon State Penitentiary. His replication alleges:

"Plaintiff is suffering from mental illness, is emotionally disturbed and suffering from severe depression which has led to numerous suicide...

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