ELI v. LAMPERT

01-09-1397M; A116201.

94 P.3d 170 (2004)

194 Or.App. 280

William Eugene ELI, Appellant, v. Robert O. LAMPERT, Superintendent, Snake River Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided July 21, 2004.


Attorney(s) appearing for the Case

Bob Pangburn argued the cause for appellant. With him on the brief was Rebecca Neal-Richardson.

Denise G. Fjordbeck, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.


BREWER, J.

Plaintiff appeals from a judgment denying his petition for a writ of habeas corpus. The trial court took judicial notice that plaintiff previously had filed another habeas corpus petition involving the same factual transaction at issue in this case. Accordingly, it granted defendant's motion to dismiss pursuant to ORCP 21 A(3), which provides for dismissal of an action when there is another action pending between the parties for the same cause. On appeal...

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