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LANE v. MAASS

88 C 10808; CA A50272.

778 P.2d 503 (1989)

98 Or.App. 75

Gilbert L. LANE, Appellant, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided August 30, 1989.

Attorney(s) appearing for the Case

Jay Edwards, Salem, argued the cause and filed the brief for appellant.

Vera Langer, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Plaintiff appeals the dismissal of his petition for a writ of habeas corpus for lack of subject matter jurisdiction. ORCP 21 A(1). He contends that the facts support the issuance of the writ. We conclude that dismissal under ORCP 21 A(1) was procedurally improper and, therefore, reverse and remand.

In his petition, plaintiff alleged that he was being unlawfully imprisoned and restrained, because he had been forced to provide a...

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