Samar Akins v. Michael Wilson ( 2015 )

United States Court of Appeals
For the Eighth Circuit
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No. 15-1144
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Samar Akins
lllllllllllllllllllll Plaintiff - Appellant
v.
Michael Wilson; Keith Morris, doing business as Morris Enterprises
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the District of Nebraska - Lincoln
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Submitted: March 25, 2015
Filed: April 1, 2015
[Unpublished]
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Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges.
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PER CURIAM.
Samar Akins appeals the district court’s1 preservice dismissal, without
prejudice, of his 42 U.S.C. § 1983 complaint. Upon careful de novo review, we
1
The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
conclude that the district court’s dismissal was proper. See Fed. R. Civ. P. 12(h)(3)
(requiring dismissal if court determines at any time that it lacks subject matter
jurisdiction); Hart v. United States, 630 F.3d 1085, 1088 (8th Cir. 2011) (dismissal
for lack of subject matter jurisdiction reviewed de novo); see also Bilal v. Kaplan,
904 F.2d 14, 15 (8th Cir. 1990) (per curiam) (jurisdiction must affirmatively appear
clearly and distinctly in complaint; mere suggestion of federal question is not
sufficient to establish jurisdiction).
Accordingly, we affirm. See 8th Cir. R. 47B.
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