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CLARK v. GATES

94-05-26474-M; CA A84670.

906 P.2d 863 (1995)

138 Or. App. 160

Larry R. CLARK, Appellant, v. Edward L. GATES, Superintendent, Snake River Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided November 29, 1995.

Attorney(s) appearing for the Case

David W. Knofler and Multnomah Defenders, Inc., Portland, filed the brief for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Stephanie L. Striffler, Assistant Attorney General, filed the brief for respondent.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

HASELTON, Judge.

Plaintiff appeals from the judgment dismissing his petition for a writ of habeas corpus. ORS 34.710; ORS 34.370(2)(b)(A). We reverse and remand.

Our disposition rests, in material part, on the relationship between two separate habeas corpus proceedings plaintiff initiated. In December 1993, plaintiff, an inmate at the Snake River Correctional Institution, filed a petition for habeas corpus (Case No. 93-12-26072-M), which...

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