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RILEY v. BALDWIN

CV95-0572; CA A89210.

923 P.2d 687 (1996)

143 Or. App. 404

Kenneth RILEY, Appellant, v. George H. BALDWIN, Superintendent, Eastern Oregon Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided September 11, 1996.

Attorney(s) appearing for the Case

Henry M. Silberblatt, Salem, 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.

De MUNIZ, Judge.

Plaintiff appeals the trial court's sua sponte dismissal of his petition for habeas corpus. We reverse and remand.

Plaintiff argues that the court erred in dismissing his petition because he stated a claim for relief. Plaintiff alleged that he surrendered and was taken into custody because of a parole violation and, after a hearing, that the Board of Parole and Post-Prison Supervision (Board...

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