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McGEE v. JOHNSON

(95-08-27505M; CA A90936)

984 P.2d 341 (1999)

161 Or. App. 384

Wayne P. McGEE, Appellant, v. Dan JOHNSON, Superintendent, Snake River Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided July 7, 1999.

Attorney(s) appearing for the Case

Kathleen M. Correll, Portland, argued the cause and filed the opening brief for appellant. Wayne P. McGee filed the supplemental brief pro se.

Mary H. Williams, Assistant Solicitor General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

LANDAU, P.J.

At issue in this case is whether a trial court properly may dismiss a petition for a writ of habeas corpus on the ground that the court loses jurisdiction when a plaintiff is transferred to a corrections facility located in another county. We conclude that the change in physical location of a habeas plaintiff does not divest the trial court of jurisdiction over the matter.

Plaintiff was in the custody of the Snake River Correctional Institution...

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