Bird v. Maass

Plaintiff appeals the dismissal of his claim for habeas corpus relief. The question is whether the court may dismiss a case on the basis of the petition after the court has issued the writ, but before the pleadings have been filed. We reverse.

Plaintiff, an inmate at Oregon State Penitentiary, filed a habeas corpus petition claiming that defendant had denied him access to his attorney by failing to photocopy some papers that he wished to send to his attorney. The trial court allowed the writ under ORS 34.370. Before further proceedings were held, plaintiff moved to disqualify the judge who had…