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PER CURIAM Plaintiff appeals from a judgment dismissing a writ of habeas corpus, ORS 34.680(1), for lack of jurisdiction because plaintiff had been transferred to a correctional institution outside of Marion County. That dismissal, as the state acknowledges on appeal, was erroneous. See McGee v. Johnson, 161 Or App 384, 387, 984 P2d 341 (1999) (^Jurisdiction vested upon the issuance of the writ and cannot be divested merely upon a change in the physical location of a plaintiff.”).
Reversed and remanded.
Document Info
Docket Number: 94C-11097; CA A105276
Judges: Haselton, Muniz, Wollheim
Filed Date: 12/15/1999
Precedential Status: Precedential
Modified Date: 11/13/2024