MONTANEZ v. WRIGHT

Oregon Court of Appeals.

Mar 6, 1990

Judgment

CaseIQ

PER CURIAM

Reversed and remanded.

PER CURIAM

Plaintiff, an inmate at the Eastern Oregon Correctional Institution, appeals from a summary judgment dismissing his petition for habeas corpus relief. Because the trial court erred in entertaining a motion for summary judgment, Kinney v. Maass, 98 Or. App. 590, 779 P.2d 632 (1989); see Bedell v. Scheidler, 307 Or. 562, 566, 770 P.2d 909 (1989); Lane v. Maass, 98 Or. App. 75, 778 P.2d 503 (1989), we reverse and remand.

Reversed and remanded.