FILED: February 10, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

THOMAS W. SWEARENGEN,

Appellant,

v.

GEORGE BALDWIN, Superintendent,
Eastern Oregon Correctional
Institution,

Respondent.

(96C-1111; CA A98459)

Appeal from Circuit Court, Umatilla County.

Rudy M. Murgo, Judge.

Argued and submitted on November 20, 1998.

Harrison Latto argued the cause and filed the brief for appellant.

Judy C. Lucas, 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.

PER CURIAM

Dismissed as moot. Hamel v. Johnson, ___ Or App ___, ___ P2d ___ (February 10, 1999); Jones v. Thompson, 156 Or App 226, 968 P2d 380 (1998).

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