Samar Akins v. Michael Wilson, No. 15-1144 (8th Cir. 2015)

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1144 ___________________________ Samar Akins lllllllllllllllllllll Plaintiff - Appellant v. Michael Wilson; Keith Morris, doing business as Morris Enterprises lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: March 25, 2015 Filed: April 1, 2015 [Unpublished] ____________ Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges. ____________ 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. ______________________________ -2-

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