Smith v. Wedekind

*395 NATURE OF CASE

The plaintiff in a declaratory judgment action appeals from the district court's sua sponte denial, without a hearing, of his application to proceed in forma pauperis. The court did so under its authority conferred by Neb. Rev. Stat. § 25-2301.02 (Reissue 2016). The plaintiff does not challenge the statute directly, but argues that the lack of a hearing was **389 unconstitutional. The plaintiff did not file a notice under Neb. Ct. R. App. P. § 2-109(E) (rev. 2014), which is required whenever a party is "presenting a case involving the federal or state constitutionality of a…