FILED: February 24, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

ROLAND J. MONTOYA,

Appellant,

v.

DAN JOHNSON, Superintendent,
Snake River Correctional Institution,

Respondent.

(97-06-28971M; CA A100422)

Appeal from Circuit Court, Malheur County.

J. Burdette Pratt, Judge.

On respondent's motion to dismiss filed November 2, 1998, and appellant's response to motion to dismiss filed November 18, 1998. 157 Or App 189, 966 P2d 832.

Bob Pangburn for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Judy C. Lucas, Assistant Attorney General, for respondent.

Before De Muniz, Presiding Judge, and Haselton and Armstrong, Judges.

PER CURIAM

Motion allowed; opinion vacated; appeal dismissed.

PER CURIAM

Respondent has moved pursuant to ORAP 7.05 to dismiss this appeal as moot under the rationale of Jones v. Thompson, 156 Or App 226, ___ P2d ___ (1998). We grant and allow the motion and vacate our prior opinion. Montoya v. Johnson, 157 Or App 189, 966 P2d 832 (1998).

Motion allowed; opinion vacated; appeal dismissed.


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