Motions to Dismiss: Pleadings: Appeal and
Error. A district court's grant of a motion to
dismiss on the pleadings is reviewed de novo, accepting the
allegations in the complaint as true and drawing all
reasonable inferences in favor of the nonmoving party.
Administrative Law. The filing requirements
of the Administrative Procedure Act apply to the Department
of Correctional Services rules and regulations.
Statutes. Specific statutory provisions relating to
a particular subject control over general statutory
Administrative Law: Prisoners. Neb. Rev.
Stat. §§ 83-4, 109 to 83-4, 123 (Reissue 2014 &
Cum. Supp. 2016) constitute a special act relating to
disciplinary procedures in adult correctional institutions
and control over the more general provisions which are found
in the Administrative Procedure Act.
Actions: Moot Question. An action becomes
moot when the issues initially presented in the proceedings
no longer exist or the parties lack a legally cognizable
interest in the outcome of the action.
Motions to Dismiss: Pleadings. For purposes
of a motion to dismiss, a trial court generally must ignore
materials outside the pleadings, but it may consider some
materials that are part of the public record or do not
contradict the complaint, as well as materials that are
necessarily embraced by the pleadings.
Appeal and Error. An alleged error must be both
specifically assigned and specifically argued in the brief of
the party asserting the error to be considered by an
Neb.App. 661] Appeal from the District Court for Lancaster
County: Kevin R. McManaman, Judge. Affirmed.
Graylin Gray, pro se.
Douglas J. Peterson, Attorney General, and James D. Smith,
Solicitor General, for appellee.
Pirtle, Riedmann, and Welch, Judges.
Gray appeals the order of the district court for Lancaster
County which dismissed his declaratory judgment action.
Finding no merit ...