Mike Wymore v. Oregon State Hospital

59 F.3d 177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mike WYMORE, Petitioner-Appellant, v. OREGON STATE HOSPITAL, Respondent-Appellee. No. 93-36129. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 1995. Decided June 29, 1995. 1 Before: CANBY and REINHARDT, Circuit Judges, and LEGGE, * District Judge. 2 MEMORANDUM ** 3 Mike Wymore, a patient in the custody of the Oregon State Hospital, appeals the district court's judgment dismissing his petition for a writ of habeas corpus. We affirm. BACKGROUND 4 The State of Oregon brought a charge of sodomy in the first degree against Wymore for his alleged sexual assault of a fellow patient at the Fairview Training Center. On July 18, 1978, an Oregon court found Wymore not responsible for the crime by reason of mental disease or defect. The court placed him under the jurisdiction of the Psychiatric Security Review Board, a state agency distinct from the Department of Corrections, for a period not to…