Harris v. STATE EX REL., MACY

ORDER

Petitioner’s petition for rehearing is granted. The record before this Court shows that the petitioner’s motion to reopen in the District Court of Oklahoma County No. CJ-87-3308 was filed upon payment of the filing fees and set for hearing on April 13, 1990. The record shows that the motion was stricken due to the pro se prisoner’s non-appearance at the hearing. A district court may not dismiss a case because of a prisoner’s non-appearance at a hearing to adjudicate the matter. Johnson v. Scott, 702 P.2d 56 (Okl.1985). Similarly, a district court may not decline to hear and adjudicate a…