Court of Appeals of Oregon, 1999

Keenan v. Palmateer

Keenan v. Palmateer
Court of Appeals of Oregon · Decided December 15, 1999 · Haselton, Muniz, Wollheim
164 Or. App. 424; 991 P.2d 1107; 1999 Ore. App. LEXIS 2111

Keenan v. Palmateer

Opinion of the Court

PER CURIAM

Plaintiff appeals from a judgment dismissing a writ of habeas corpus, ORS 34.680(1), for lack of jurisdiction because plaintiff had been transferred to a correctional institution outside of Marion County. That dismissal, as the state acknowledges on appeal, was erroneous. See McGee v. Johnson, 161 Or App 384, 387, 984 P2d 341 (1999) (^Jurisdiction vested upon the issuance of the writ and cannot be divested merely upon a change in the physical location of a plaintiff.”).

Reversed and remanded.

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