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STATE EX REL BAKER v. COOK

(00C-10592; CA A110010)

16 P.3d 1184 (2000)

171 Or. App. 719

STATE ex rel Ross Lloyd BAKER, Appellant, v. Dave COOK, Director, Department of Corrections, Respondent.

Court of Appeals of Oregon.

Decided December 27, 2000.

Attorney(s) appearing for the Case

Ross L. Baker filed the brief, pro se.

Rolf C. Moan, Salem, filed the brief for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

PER CURIAM

Plaintiff, a prisoner at the Snake River Correctional Institution, appeals the trial court's denial of his petition for a writ of mandamus. We write only to discuss the court's action in requiring him, as part of the judgment of dismissal, to pay filing fees of $167; it had previously deferred payment of those fees. The state concedes that the trial court erred, and we agree.

When plaintiff filed his petition, he attached an Affidavit of Indigency...

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