ZIMMERLEE v. BALDWIN, 156 Or. App. 476 (1998)

964 P.2d 1155

TERRY LEE ZIMMERLEE, Appellant, v. G.H. BALDWIN, Superintendent, Eastern Oregon Correctional Institution, Respondent.

CV-97-0047; CA A98675.Oregon Court of Appeals.
Argued and submitted February 6, 1998. Appeal dismissed October 7, 1998 Petition for review February 2, 1999

Appeal from Circuit Court, Umatilla County.

Garry Reynolds, Judge.

Marc Geller argued the cause and filed the brief for appellant.

Christine A. Chute, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Warren, Presiding Judge, and Edmonds and Armstrong, Judges.

Page 477


Plaintiff, an inmate in an Oregon prison, brought this habeas corpus case to challenge a decision of the Board of Parole that postponed his release date. After the trial court dismissed the case, but after his original release date had passed, the Board postponed his release date for an additional period. Defendant now moves to dismiss the appeal on the ground that it is moot. We grant the motion. Payton v. Thompson, 156 Or. App. 217, 968 P.2d 388
(1998); Jones v. Thompson, 156 Or. App. 226, 968 P.2d 380 (1998).

Appeal dismissed as moot.

Page 478