Dye v. Kenney

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Dye v. Kenney

Case Number
S-15-0077
Call Date
September 2, 2015
Court Number
Lancaster
Case Summary

S-15-0077 Brandon Dye (Appellant) v. Michael L. Kenney
Lancaster County, Judge John Colborn
Attorneys: Pro Se Appellant--- Bijan Koohmaraie (Attorney General's Office)
Civil: Habeas Corpus
Proceedings below: Appellant filed a motion to proceed in forma pauperis which was denied by the district court finding Appellant's petition for writ of habeas corpus was not the proper subject matter of a writ of habeas corpus and the allegations were frivolous. After denial, appellant paid his filing fees but the district court dismissed the petition finding it was frivolous.
Issues: The district court erred in (1) finding the allegations set forth in the petition for writ of habeas corpus were not the proper subject matter of a writ of habeas corpus and the allegations were frivolous; (2) denying the petition for writ of habeas corpus where Appellant had paid the filing fee and the petition did have merit; (3) finding a frivolous legal position is one wholly without merit when Appellant paid the filing fee and the court departed from neutrality and denied Appellant a fair hearing; (4) finding State v. Frey, 18 Neb. App. 653 (2010) is frivolous.