FILED: April 14, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

MARK D. EAMES,

Appellant,

v.

DAN JOHNSON, Superintendent,
Snake River Correctional Institution,

Respondent.

(97-04-28696-M; CA A98676)

Appeal from Circuit Court, Malheur County.

Frank J. Yraguen, Judge.

Argued and submitted May 27, 1998.

Bob Pangburn 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 Landau, Presiding Judge, and Deits,* Chief Judge, and Wollheim, Judge.

PER CURIAM

Appeal dismissed. Hamel v. Johnson, 158 Or App 276, ___ P2d ___ (1999); Jones v. Thompson, 156 Or App 226, 968 P2d 380 (1998).

*Deits, C. J., vice Riggs, P. J., resigned.


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