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SOUSA v. CUPP

No. 134,676; CA A29017.

680 P.2d 703 (1984)

68 Or.App. 51

Frank SOUSA, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided May 2, 1984.

Attorney(s) appearing for the Case

Michael Curtis, Salem, argued the cause and filed the brief for appellant.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

Petitioner, a prisoner at the Oregon State Penitentiary, appeals the dismissal of his petition for a writ of habeas corpus. ORS 34.710. The petition recites that:

"Petitioner is now and has been in the past subjected to a pattern and practice of physical and verbal harassment and abuse by Correction Officers * * * individuals who are supervised and directed by defendant."

The trial court acquires jurisdiction only on a showing that the...

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