Rushin v. McGee

Plaintiff, an inmate at Columbia River Correctional Institution, appeals the trial court’s sua sponte dismissal of his petition for a writ of habeas corpus. “In reviewing a sua sponte dismissal, we construe the petition liberally, ORS 34.370(7), and assume the truth of all well-pleaded allegations and all reasonable inferences therefrom.” Riley v. Baldwin, 143 Or App 404, 407, 923 P2d 687 (1996). We reverse.

In his petition, plaintiff alleged that he was released on parole two days before his good time discharge date, against his wishes, that his parole later was revoked, and that his current…