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Gray v. Nebraska Department of Correctional Services

Court of Appeals of Nebraska

December 4, 2018

Graylin Gray, appellant,
v.
Nebraska Department of Correctional Services, appellee.

         1. 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.

         2. Administrative Law. The filing requirements of the Administrative Procedure Act apply to the Department of Correctional Services rules and regulations.

         3. Statutes. Specific statutory provisions relating to a particular subject control over general statutory provisions.

         4. 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.

         5. 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.

         6. 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.

         7. 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 appellate court.

          [26 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.

          RIEDMANN, Judge.

         INTRODUCTION

         Graylin Gray appeals the order of the district court for Lancaster County which dismissed his declaratory judgment action. Finding no merit ...


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