Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mumin v. Nebraska Department of Correctional Services

Court of Appeals of Nebraska

October 3, 2017

DUKHAN MUMIN, APPELLANT,
v.
NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES, APPELLEE. DUKHAN MUMIN, APPELLANT,
v.
STATE OF NEBRASKA, APPELLEE.

         1. Affidavits: Appeal and Error. A district court's denial of in forma pauperis under Neb. Rev. Stat. §§ 25-2301.02 and 25-3401 (Reissue 2016) is reviewed de novo on the record based on the transcript of the hearing or written statement of the court.

         2. Affidavits. The procedure for in forma pauperis is generally governed by Neb. Rev. Stat. §§ 25-2301 to 25-2310 (Reissue 2016).

         3. Affidavits: Prisoners. In forma pauperis applications filed in prisoner litigation cases are subject to a more restrictive statute, Neb. Rev. Stat. § 25-3401 (Reissue 2016), which must be read in conjunction with Neb. Rev. Stat. §§ 25-2301 to 25-2310 (Reissue 2016).

         4. ___: ___. Pursuant to Neb. Rev. Stat. § 25-3401(2)(a) (Reissue 2016), a prisoner who has filed three or more civil actions, commenced after July 19, 2012, that have been found to be frivolous by a court of this state or a federal court for a case originating in this state shall not be permitted to proceed in forma pauperis for any further civil actions without leave of court. A court shall permit the prisoner to proceed in forma pauperis if the court determines that the person is in danger of serious bodily injury.

         5. Affidavits: Prisoners: Appeal and Error: Words and Phrases. Pursuant to Neb. Rev. Stat. § 25-3401(1)(a) (Reissue 2016), civil action means a legal action seeking monetary damages, injunctive relief, declaratory relief, or any appeal filed in any court in this state that relates to or involves a prisoner's conditions of confinement. Civil action does not include a motion for postconviction relief or petition for habeas corpus relief.

         [25 Neb.App. 90] 6. Prisoners: Words and Phrases. Pursuant to Neb. Rev. Stat. § 25-3401(1)(b) (Reissue 2016), conditions of confinement means any circumstance, situation, or event that involves a prisoner's custody, transportation, incarceration, or supervision.

         7. Trial: Attorneys at Law: Evidence. Statements by an attorney are not treated as evidence.

         8. Judicial Notice: Records. The law requires that papers requested to be judicially noticed be marked, identified, and made a part of the record; testimony must be transcribed, properly certified, marked, and made a part of the record.

         9. Rules of Evidence: Judicial Notice. Neb. Evid. R. 201, Neb. Rev. Stat. § 27-201 (Reissue 2016), grants a judge or court the authority to take judicial notice of adjudicative facts, whether requested or not.

         10. Judicial Notice. Care should be taken by the court to identify the fact it is noticing, and its justification for doing so.

         Appeals from the District Court for Lancaster County: Robert R. Otte, Judge.

          Dukhan Mumin, pro se.

          No appearance for appellees.

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

          BISHOP, JUDGE.

         In case No. A-16-618 and case No. A-16-619, Dukhan Mumin, pro se, appeals the orders of the district court for Lancaster County denying his requests to proceed in forma pauperis (IFP) in the underlying civil actions. The court has consolidated these cases for disposition. For the reasons that follow, we reverse, and remand for further proceedings.

         BACKGROUND

         On March 16, 2016, Mumin, pro se, filed an affidavit and application to proceed IFP in Lancaster County District Court case No. CI 16-911 (now case No. A-16-618). The underlying action in that case is a civil complaint filed by Mumin against [25 Neb.App. 91] the Nebraska Department of Correctional Services pursuant to the State Tort Claims Act, Neb. Rev. Stat. § 81-8, 209 et ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.