FILED: April 14, 1999

CARL RAYMOND DOLAN,

Appellant,

v.

S. FRANK THOMPSON,

Superintendent, Oregon State

Penitentiary,

Respondent.

Appeal from Circuit Court, Marion County.

Joseph Ochoa, Judge.

Argued and submitted June 8, 1998.

George W. Kelly argued the cause and filed the brief for appellant.

Judy C. Lucas, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Landau, Presiding Judge, and Deits, Chief Judge,* and Wollheim, Judge.

PER CURIAM

Appeal dismissed. Barnes v. Thompson, ___ Or App ___, ___ P2d ___ (March 31, 1999).

*Deits, C. J., vice Riggs, P. J., resigned.