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Gray v. Nebraska Department of Correctional Services

Court of Appeals of Nebraska

May 23, 2017

Graylin Gray, appellant,
v.
Nebraska Department of Correctional Services et al., appellees. Graylin Gray, appellant,
v.
Nathan Flood, appellee.

         1. Affidavits: Appeal and Error. A district court's denial of in forma pauperis under Neb. Rev. Stat. § 25-2301.02 (Reissue 2016) is reviewed de novo on the record based on the transcript of the hearing or written statement of the court.

         2. Appeal and Error. Although an appellate court ordinarily considers only those errors assigned and discussed in the briefs, the appellate court may, at its option, notice plain error.

         3. . Plain error is error plainly evident from the record and of such a nature that to leave it uncorrected would result in damage to the integrity, reputation, or fairness of the judicial process.

         4. Statutes: Appeal and Error. Statutory language is to be given its plain and ordinary meaning, and an appellate court will not resort to interpretation to ascertain the meaning of statutory words which are plain, direct, and unambiguous.

         5. Statutes: Legislature: Intent. In reading a statute, a court must determine and give effect to the purpose and intent of the Legislature as ascertained from the entire language of the statute considered in its plain, ordinary, and popular sense.

         6. Appeal and Error. An appellate court is not obligated to engage in an analysis that is not necessary to adjudicate the case and controversy before it.

         Appeals from the District Court for Lancaster County: Andrew R. Jacobsen, Judge. Reversed and remanded for further proceedings.

         [24 Neb.App. 714] Graylin Gray, pro se.

          No appearance for appellees.

          Moore, Chief Judge, and Pirtle and Bishop, Judges.

          Pirtle, Judge.

         I. INTRODUCTION

         Graylin Gray appeals the orders of the district court for Lancaster County denying his requests to proceed in forma pauperis in cases Nos. A-16-482 and A-16-590. These matters have been consolidated on appeal. For the reasons that follow, we reverse, and remand for further proceedings.

         II. BACKGROUND

         1. Case No. CI 16-184 On January 15, 2016, Gray filed a motion to proceed in forma pauperis in the Lancaster County District Court in case No. CI 16-184. He filed the associated complaint, and on January 25, the court entered an order sustaining Gray's motion to proceed in forma pauperis.

         On February 9, 2016, the Attorney General's office filed a motion, on behalf of the defendants, to reconsider the decision to sustain Gray's motion. The State cited Neb. ...


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