STATE EX REL. SMITH v. CURTHS

Nos. 01C10356; A114189.

169 P.3d 1277 (2007)

215 Or. App. 492

STATE ex rel. Arlen Porter SMITH, Relator-Appellant, v. Calvin CURTHS, Lieutenant, Criminal Investigation Services Division, Oregon State Police; Oregon State Police; Steven Dingle, Marion County Deputy District Attorney; Marion County District Attorney's Office, Defendants-Respondents.

Court of Appeals of Oregon.

Decided October 17, 2007.


Attorney(s) appearing for the Case

Arlen Porter Smith filed the brief pro se.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Erin C. Lagesen, Assistant Attorney General, filed the brief for respondents.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.


PER CURIAM.

Plaintiff-relator appeals a judgment of dismissal of his alternative writ of mandamus and a supplemental money judgment for filing fees that previously had been deferred. We reject without discussion plaintiff-relator's argument that the court erred in dismissing the writ. Plaintiff-relator argues that the court erred in entering the supplemental judgment without making a determination that he had the ability to pay the fees. The state concedes that the...

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