§ 25-42. Habeas Corpus in Family--Dismissal

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§ 25-42. Habeas Corpus in Family--Dismissal

The judicial authority may, at any time, upon its own motion or upon motion of the respondent, dismiss the petition, or any count thereof, if it determines that:

(1)the court lacks jurisdiction;

(2)the petition, or a count thereof, fails to state a claim upon which habeas corpus relief can be granted;

(3)the petition presents the same ground as a prior petition previously denied and fails to state new facts or proffer new evidence not reasonably available at the time of the prior petition;

(4)the claims asserted in the petition are moot or premature;

(5)any other legally sufficient ground for dismissal of the petition exists.