Legal Opinion

Dortch v. City of Omaha

Nebraska Court of Appeals

Decided August 21, 2018No. A-17-1068PublishedCited by 3 opinions

1Opinion of the Court

Welch, Judge.

*245 *638 INTRODUCTION

Joshua Dortch appeals the district court's denial of his application to proceed in forma pauperis (IFP). The court denied Dortch's application based on its finding that the underlying replevin petition was a frivolous pleading. We find that the district court erred in denying Dortch's application to proceed IFP on the basis that it was frivolous without providing a written statement of its reasons, findings, and conclusions for that denial. Therefore, we reverse the decision of the district court and remand the cause for further proceedings.

STATEMENT OF FACTS

Dortch,…

2Cases cited5 opinions

  1. State v. ButtercaseNebraska Supreme Court · 2017
  2. State v. AgeeNebraska Supreme Court · 2007
  3. State v. CarterNebraska Supreme Court · 2015
  4. Campbell v. HansenNebraska Supreme Court · 2018
  5. Mumin v. Nebraska Dept. of Corr. Servs.Nebraska Court of Appeals · 2017

3Cited by3 opinions

  1. Dortch v. City of OmahaNebraska Court of Appeals · 2018
  2. Huff v. OttoNebraska Court of Appeals · 2020
  3. Lundhal v. RobertsNebraska Court of Appeals · 2019

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