Clark v. Gates

Plaintiff appeals from the judgment dismissing his petition for a writ of habeas corpus. ORS 34.710; ORS 34.370(2)(b)(A). We reverse and remand.

Our disposition rests, in material part, on the relationship between two separate habeas corpus proceedings plaintiff initiated. In December 1993, plaintiff, an inmate at the Snake River Correctional Institution, filed a petition for habeas corpus (Case No. 93-12-26072-M), which alleged:

“Petitioner is a 54 year old man, who has had tension headaches for over 45 years, and upon arrival here at Snake River 16 months ago, was put on Motrin #800, which…