Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

JOHN W. BUTLER, III, Appellant, v. ROBERT O. LAMPERT, Superintendent, Snake Ri

PER CURIAM

Appeal challenging dismissal of plaintiff's habeas corpus claim dismissed as moot; otherwise affirmed.

PER CURIAM

Plaintiff appeals the trial court's denial of habeas corpus relief and its requirement that he reimburse the state for the fees of the attorney appointed to bring this case. We dismiss the appeal so far as it relates to habeas corpus relief as moot and otherwise affirm.

The basis of plaintiff's petition was that defendant was deliberately indifferent to his medical need by imprisoning him at the Snake River Correctional Institution in an environment that allegedly exacerbated his asthma and other respiratory problems. He asked to be moved to a facility in the Willamette valley, where he believed that his medical condition would be significantly improved. After the trial court's decision, plaintiff was transferred to a Willamette valley prison. Because he has received the requested relief, his claim is now moot.

The trial court did not err in requiring plaintiff to repay the fees of his court-appointed counsel. ORS 151.505(1); Reed v. Johnson, 170 Or. App. 767, 13 P.3d 1054 (2000); Bacote v. Johnson, 169 Or. App. 44, 46 n 1, 7 P.3d 729 (2000).

Appeal challenging dismissal of plaintiff's habeas corpus claims dismissed as moot; otherwise affirmed.

Use AI to get other relevant cases.

Comments

BUTLER v. LAMPERT
(Jul 11, 2001)