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PEEK v. THOMPSON

(97C-12445; CA A100853)

980 P.2d 178 (1999)

160 Or. App. 260

Marvin PEEK, Appellant, v. S. Frank THOMPSON, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, En Banc.

Resubmitted February 3, 1999.

Decided April 28, 1999.

Attorney(s) appearing for the Case

Jay Edwards, Salem, argued the cause and filed the brief for appellant.

John T. Bagg, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before DEITS, Chief Judge, and EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM and BREWER, Judges, and WARREN, Senior Judge.

ARMSTRONG, J.

Plaintiff1 appeals a judgment dismissing a writ of habeas corpus. He asserts that the Board of Parole and Post-Prison Supervision (the Board) failed to follow the applicable statute and administrative rules in extending his parole release date for two years. We reverse.

Many of the arguments that plaintiff raises parallel those that we discussed in Weidner v. Armenakis, 154 Or.App. 12

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