FILED: October 7, 1998

IN THE COURT OF APPEALS OF THE STATE OF OREGON

TERRY LEE ZIMMERLEE,

Appellant,

v.

G. H. BALDWIN, Superintendent,
Eastern Oregon Correctional
Institution,

Respondent.

(CV-97-0047; CA A98675)

Appeal from Circuit Court, Umatilla County.

Garry Reynolds, Judge.

Argued and submitted February 6, 1998.

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.

PER CURIAM

Appeal dismissed as moot.

PER CURIAM

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, ___ Or App ___, ___ P2d ___ (September 30, 1998); Jones v. Thompson, ___ Or App ___, ___ P2d ___ (September 30, 1998).

Appeal dismissed as moot.


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