FILED: November 25, 1998

JAMES ARTHUR RIGGS,

Appellant,

v.

S. FRANK THOMPSON, Superintendent,
Oregon State Penitentiary,

Respondent.

Appeal from Circuit Court, Marion County.

Joseph V. Ochoa, Judge.

Argued and submitted October 27, 1998.

Bill Sharp argued the cause for appellant. With him on the brief was Morrow, Monks & Sharp, P.C.

Judy C. Lucas, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Christine Chute, Assistant Attorney General.

Before Edmonds, Presiding Judge, and Warren* and Armstrong, Judges.

PER CURIAM

Appeal dismissed as moot. Jones v. Thompson, 156 Or App 226, ___ P2d ___ (1998).

*Warren, J., vice Deits, C. J.