Scott v. Cupp

Plaintiff, an inmate of the Oregon State Penitentiary, appeals an order dismissing his petition for a writ of habeas corpus. We affirm.

Plaintiff petitioned in the circuit court for a writ of habeas corpus and subsequently filed a replication as authorized by ORS 34.670. Defendant moved to dismiss the petition on the ground that the replication did not state ultimate facts sufficient to constitute a claim for relief.

Plaintiff does not contend that the replication was sufficient and concedes that dismissal is proper in most actions where the pleadings fail to state a cause for relief. His sole…