# Brown v. Palmateer

> Court of Appeals of Oregon · October 16, 2002 · 184 Or. App. 388

URL: https://www.frixlaw.com/law-library/cases/6944833

## Case

- **Full name:** GILBERT BROWN v. Joan PALMATEER, Superintendent, Oregon State Penitentiary
- **Court:** Court of Appeals of Oregon
- **Decided:** October 16, 2002
- **Citations:** 184 Or. App. 388; 56 P.3d 430; 2002 Ore. App. LEXIS 1616
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Haselton, Linder, Wollheim
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6944833

## Opinion text

PER CURIAM
Plaintiff appeals the trial court’s sua sponte dismissal of his petition for a writ of habeas corpus. ORS 34.370(6). The trial court dismissed the petition after it took judicial notice of a different petition for a writ of habeas corpus that plaintiff had filed against defendant. To dismiss a petition for writ of habeas corpus, the trial court is limited to considering the content of the petition. Jones v. Armenakis, 146 Or App 198, 200 , 932 P2d 99 (1997). Defendant concedes that the trial court erred in dismissing the petition sua sponte. We accept defendant’s concession.
Reversed and remanded.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6944833. Public record. Not legal advice.