FILED: September 9, 1998

CARL DEAN MCCARTY,

Appellant,

v.

DAN JOHNSON, Superintendent,
Snake River Correctional Institution,

Respondent.

Appeal from Circuit Court, Malheur County.

W. D. Cramer, Jr., Judge.

Submitted on record and briefs July 15, 1998.

Bob Pangburn filed the brief for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and John T. Bagg, Assistant Attorney General, filed the brief for respondent.

Before Edmonds, Presiding Judge, and Deits, Chief Judge, and Armstrong, Judge.

PER CURIAM

Affirmed. Merrill v. Johnson, 155 Or App 295, ___ P2d ___ (1998) .

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