Mumin v. Frakes (PFR)

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Mumin v. Frakes (PFR)

Case Number
Call Date
October 3, 2017
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-16-0327 Dukhan Mumin (Appellant) v. Scott Frakes

Johnson County, Judge Daniel E. Bryan, Jr.

Attorneys: James D. Smith (Attorney General’s Office) --- Self-Represented Appellant

Civil: Denial of in forma pauperis for a habeas corpus action

Proceedings below: The trial court denied Appellant Mumin in forma pauperis status to file a petition for a writ of habeas corpus finding the petition was frivolous. Mumin appealed. The Court of Appeals affirmed in a memorandum web opinion. See A-16-0327, Mumin v. Frakes. Mumin filed a Petition for Further Review which was granted by the Nebraska Supreme Court.

Issues on Review: The Court of Appeals erred in concluding that the district court was correct in denying Mumin’s in forma pauperis status as his petition for writ of habeas corpus was frivolous.

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