Barrett v. Williams

Petitioner sought a writ of habeas corpus, alleging that prison officials, outside of his presence, were opening and reading mail sent to him by his attorney. According to petitioner, this action violated a variety of his state and federal constitutional rights. The court granted defendant’s motion to deny the petition, and petitioner appeals. We affirm.

A motion to deny a habeas corpus petition under ORS 34.680 for failure to state a claim occurs after the petition for the writ is submitted but before it is issued; it is analogous to a motion to dismiss under ORCP 21 A(8). See Dunn v. Hill,…