Danny R. Robinson, Jr., appellant,
Robert Houston et al., APPELLEES.
Judgments: Jurisdiction: Appeal and Error. A
jurisdictional issue that does not involve a factual dispute
presents a question of law, which an appellate court
Jurisdiction: Appeal and Error. Before
reaching the legal issues presented for review, it is the
duty of an appellate court to determine whether it has
jurisdiction over the matter before it.
Affidavits: Waiver. A litigant lacking
sufficient funds to pay the costs, fees, or security may
apply to the court to proceed in forma pauperis, having the
otherwise required costs, fees, or security waived.
Affidavits. Under Neb. Rev. Stat. §
25-2301.02 (Reissue 2016), a party's application to
proceed in forma pauperis must generally be granted unless an
objection is raised by another party or the court that the
applicant either has sufficient funds to pay costs, fees, or
security or is asserting legal positions which are frivolous
Affidavits: Appeal and Error. Where an
objection to an application to proceed in forma pauperis is
sustained, Neb. Rev. Stat. § 25-2301.02 (Reissue 2016)
provides the applicant the right to immediately appeal the
Statutes: Appeal and Error. Unless a statute
provides for an appeal, such right does not exist.
Statutes: Intent. When interpreting a
statute, the starting point and focus of the inquiry is the
meaning of the statutory language, understood in context.
Statutes. Silence can be a meaningful
indicator of statutory meaning.
9. __ .
It is not within the province of a court to read a meaning
into a statute that is not warranted by the legislative
Neb. 747] 10. Statutes: Appeal and Error. An
appellate court does not consider a statute's clauses and
phrases as detached and isolated expressions. Instead, the
whole and every part of the statute must be considered in
fixing the meaning of any of its parts.
Affidavits: Appeal and Error. The right to
interlocutory appeal of an in forma pauperis denial in Neb.
Rev. Stat. § 25-2301.02(1) (Reissue 2016) applies only
to denials made pursuant to the two bases for denial set
forth in that subsection.
Statutes: Prisoners: Affidavits: Appeal and
Error. There is no statutory basis for an
interlocutory appeal of a denial of leave to proceed in forma
pauperis under Neb. Rev. Stat. § 25-3401 (Reissue 2016).
Judgments: Final Orders: Time: Appeal and
Error. An appeal cannot be taken from a conditional
order purporting to dismiss a pleading in the future upon the
occurrence of an event.
from the District Court for Lancaster County: Robert R. Otte,
Judge. Appeal dismissed.
R. Robinson, Jr., pro se.
Douglas J. Peterson, Attorney General, and James D. Smith for
Miller-Lerman, Cassel, Stacy, Kelch, and Funke, JJ.
appeal, we must determine whether an interlocutory appeal is
authorized under Nebraska's "three strikes"
prisoner litigation statute,  which prohibits a prisoner who
has previously filed at least three frivolous civil actions
from proceeding in forma pauperis (IFP) without leave of
court. Because we conclude that neither this statute nor the
general IFP statute provides a right to interlocutory appeal
of a "three strikes'' ...