Dunn v. Hill

Plaintiff appeals the dismissal of the writ of habeas corpus. ORS 34.710. He contends that the trial court erred in granting defendant’s motion to dismiss the writ for failure to state a claim, in denying plaintiffs motion to amend his replication, and in ordering him to pay a $33 filing fee. For the reasons explained below, we agree that the trial court erred in granting defendant’s motion to dismiss the writ; accordingly, we reverse the judgment. We affirm the court’s order imposing a $33 filing fee.

Plaintiff, an inmate of the Snake River Correctional Institution, petitioned the trial court…