
    On respondent’s motion to dismiss filed November 2,
    and appellant’s response to motion to dismiss filed November 18, 1998,
    motion allowed; opinion (157 Or App 189, 966 P2d 832 (1998)) vacated; appeal dismissed February 24, 1999
    ROLAND J. MONTOYA, Appellant, v. Dan JOHNSON, Superintendent, Snake River Correctional Institution, Respondent.
    
    (97-06-28971M; CA A100422)
    976 P2d 81
    Bob Pangbum for appellant.
    Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Judy C. Lucas, Assistant Attorney General, for respondent.
    Before De Muniz, Presiding Judge, and Haselton and Armstrong, Judges.
    PER CURIAM
   PER CURIAM

Respondent has moved pursuant to ORAP 7.05 to dismiss this appeal as moot under the rationale of Jones v. Thompson, 156 Or App 226, 968 P2d 380 (1998). We grant and allow the motion and vacate our prior opinion. Montoya v. Johnson, 157 Or App 189, 966 P2d 832 (1998).

Motion allowed; opinion vacated; appeal dismissed.  