SMITH v. PREMO

A159336.

395 P.3d 959 (2017)

286 Or.App. 301

Roland Lee SMITH, Plaintiff-Appellant, v. Jeff PREMO, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

June 14, 2017.


Attorney(s) appearing for the Case

Jed Peterson and O'Connor Weber LLP filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Paul L. Smith , Deputy Solicitor General, and Greg Rios , Assistant Attorney General, filed the brief for respondent.

Before Duncan, Presiding Judge, and DeVore, Judge, and Garrett, Judge.


Plaintiff appeals the trial court's judgment dismissing his 2015 petition for a writ of habeas corpus. Plaintiff previously petitioned for a writ of habeas corpus in 2013, and the trial court dismissed that petition without prejudice for failure to state a claim. The trial court dismissed plaintiff's 2015 petition on its own motion, concluding...

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