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ROY v. PALMATEER

00C20058, 01C19972; A116149 (Control), A117045.

95 P.3d 1124 (2004)

194 Or.App. 330

Raymond Francis ROY, Appellant, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Respondent. State ex rel Raymond Francis Roy, Appellant, v. Board of Parole and Post-Prison Supervision, Respondent.

Court of Appeals of Oregon.

Decided August 4, 2004.

Attorney(s) appearing for the Case

Raymond F. Roy, Jr., filed the briefs, pro se.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Erika L. Hadlock, Assistant Attorney General, filed the brief, for respondents.

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

LANDAU, P.J.

In this consolidated appeal, plaintiff challenges the trial court's dismissal of a writ of habeas corpus, its denial of his petition for alternative writ of mandamus, and its imposition of a filing fee in the latter proceeding. For the reasons explained below, we conclude that the trial court erred in dismissing the writ of habeas corpus and, accordingly, reverse the judgment in that case. Based on the trial court's erroneous imposition of a filing fee...

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