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KLINEFELTER v. MAASS

90-C-10874; CA A67206.

826 P.2d 1042 (1992)

111 Or.App. 608

Nathan KLINEFELTER, Appellant, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided February 26, 1992.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, Salem, argued the cause for appellant. On the brief was Stephen J. Bedor, Deputy Public Defender, Salem.

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

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

DE MUNIZ, Judge.

Plaintiff is incarcerated in the Oregon State Penitentiary (OSP). He petitioned for a writ of habeas corpus, and a writ was issued. The court granted defendant's motion to strike plaintiff's second amended replication and dismissed the writ. We conclude that the pleadings raise material issues of fact. Accordingly, we reverse and remand.

ORCP governs pleadings in habeas corpus, except as provided in ORS 34.310 to ORS 34.370....

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