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CHARLES M. KEENAN, Appellant, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Respondent

Oregon Court of Appeals1999-12-15No. 94C-11097; CA A105276
164 Or. App. 424991 P.2d 1107

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Opinion

majority opinion

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.