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State v. Sims

Supreme Court of Nebraska

July 24, 2015

STATE OF NEBRASKA, APPELLEE,
v.
MICHAEL JOSEPH SIMS, APPELLANT

Appeals from the District Court for Douglas County: GARY B. RANDALL, Judge.

Michael Joseph Sims, Pro se.

Douglas J. Peterson, Attorney General, and George R. Love for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ. STEPHAN, J., not participating.

OPINION

Page 801

[291 Neb. 476] Heavican, C.J.

INTRODUCTION

The district court denied the application of Michael Joseph Sims to proceed in forma pauperis in his appeal from the denial of his earlier motion for postconviction relief. We find no error in the district court's denial of in forma pauperis status, but give Sims 30 days in which to pay the statutory docket fee for the appeal docketed as case No. S-14-931. If the docket fee has not been paid within that time, the appeal will be dismissed.

Sims also appealed from the district court's denial of his motion to proceed in forma pauperis (as distinct from his appeal on the merits of the litigation); that appeal is docketed as case No. S-14-1073. The judgment of that appeal is affirmed.

BACKGROUND

In 1998, Sims was convicted of first degree murder, attempted first degree murder, and two counts of use of a deadly weapon to commit a felony. His convictions and sentences were affirmed by this court on direct appeal.[1] Sims later filed a motion for postconviction relief, which was denied,[2] and a second motion for postconviction relief, which was also denied.[3]

These current appeals are based upon Sims' third motion for postconviction relief, which was filed on June 12, 2014. The district court denied this motion without an evidentiary hearing. Sims appealed. In lieu of the statutory docket fee, Sims filed a motion to proceed in forma pauperis on appeal. On its own motion, the district court denied Sims' motion [291 Neb. 477] to proceed in forma pauperis. This appeal from the denial of Sims' postconviction motion was docketed with this court as case No. S-14-931.

Following the denial of his motion to proceed in forma ...


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