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VOTH v. MAASS

92C12000; CA A77097.

852 P.2d 969 (1993)

120 Or. App. 574

Frank E. VOTH, Appellant, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided June 2, 1993.

Attorney(s) appearing for the Case

Garrett A. Richardson, Portland, argued the cause and filed the brief for appellant.

Stephanie S. Andrus, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.

RIGGS, Judge.

Petitioner appeals from a judgment dismissing, sua sponte, his petition for a writ of habeas corpus. ORS 34.370(6). We reverse.

In his petition, petitioner alleged that he suffers from a foot problem. He further alleged that an orthopedic doctor at the Eastern Oregon Correctional Institution prescribed orthopedic shoes and socks, which he wore in prison until his transfer to the Oregon...

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