FILED: November 6, 2002

KURT ALAN KELSO,

Appellant,

v.

JOAN PALMATEER,
Superintendent,
Oregon State Penitentiary,

Respondent.

Appeal from Circuit Court, Marion County.

Pamela L. Abernethy, Judge.

Argued and submitted January 23, 2002.

Liza Jane Langford filed the brief for appellant.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Landau, Presiding Judge, and Deits, Chief Judge, and Brewer, Judge.

PER CURIAM

Affirmed. Teague v. Palmateer, 184 Or App 577, ___ P3d ___ (2002).