33 Neb. App. 483
Neb. Ct. App.2025Background
- Michael Dewey, an inmate, was sanctioned by the Nebraska Department of Correctional Services (DCS) for two rule violations and sought judicial review of the disciplinary action.
- Dewey filed a petition for review and a motion to proceed in forma pauperis (IFP), accompanied by an affidavit of poverty.
- The district court ordered Dewey to provide a certified copy of his inmate account within 20 days, warning that failure to do so would result in dismissal.
- Dewey did not provide the copy within the deadline, so the court closed the case without ruling on his IFP application.
- Dewey subsequently filed the required documentation and appealed the closure, but the district court claimed it lacked jurisdiction after the appeal was filed.
- The State did not appear in the proceedings beyond waiving its appearance on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court err by closing the case without ruling on Dewey’s IFP application? | Dewey: Court should have ruled on the IFP application per statute. | None argued (State waived appearance). | Court failed its statutory duty; reversal warranted. |
| Was Dewey entitled to an evidentiary hearing on his motion to vacate? | Dewey: Should have received a hearing. | None argued. | Not reached; unnecessary after first issue decided. |
Key Cases Cited
- Sabino v. Ozuna, 303 Neb. 318 (de novo review applies to IFP denials)
- Haynes v. Nebraska Dept. of Corr. Servs., 314 Neb. 771 (court must rule on IFP applications and cannot dismiss without doing so)
- In re Interest of Jordon B., 316 Neb. 974 (appellate courts need only address necessary issues)