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PETERSON v. HOUSTON

No. S-12-242.

824 N.W.2d 26 (2012)

284 Neb. 861

Timothy L. PETERSON, appellant, v. Robert P. HOUSTON, director, Nebraska Department of Correctional Services, State of Nebraska, appellee.

Supreme Court of Nebraska.

December 14, 2012.

Attorney(s) appearing for the Case

Timothy L. Peterson, pro se.

Jon Bruning, Attorney General, and George R. Love, Lincoln, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, McCORMACK, MILLER-LERMAN, and CASSEL, JJ.

STEPHAN, J.

Timothy L. Peterson sought leave to proceed in forma pauperis in order to file a petition for a writ of habeas corpus in the district court for Lancaster County. On its own motion, the district court determined that the legal positions asserted in the petition were frivolous, and it denied the motion to proceed in forma pauperis for that reason. Peterson appealed, and we moved the case to our docket on our own motion pursuant to our statutory authority...

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