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SMITH v. OREGON BOARD OF PAROLE

94C-13504; CA A87269.

922 P.2d 1276 (1996)

143 Or. App. 408

Ernest Leroy SMITH, Appellant, v. OREGON BOARD OF PAROLE; Nicholas Armenakis, Acting Superintendent, Oregon State Penitentiary, Respondents.

Court of Appeals of Oregon.

Decided September 11, 1996.

Attorney(s) appearing for the Case

David B. Kuhns, Salem, filed the brief for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Christine Chute, Assistant Attorney General, filed the brief for respondents.

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

De MUNIZ, Judge.

Plaintiff appeals the dismissal of his petition for habeas corpus. We affirm.

Plaintiff filed an eight-page pro se petition on October 26, 1994, in which he asserted that he was "unlawfully imprisoned and restrained" because he had served in excess of the sentence imposed by law but had not been released because of various actions taken by the Board of Parole. Defendant filed a return on November 15 and, on December 13, moved to dismiss...

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