Samar Akins v. Barb Albers, No. 15-1590 (8th Cir. 2015)

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Court Description: Per Curiam - Before Wollman, Smith and Benton, Circuit Judges] Civil case. Dismissal of complaint for failure to prosecute affirmed without comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1590 ___________________________ Samar Akins lllllllllllllllllllll Plaintiff - Appellant v. Barb Albers; Gretchin Eurie; Kimberly Taylor Riley; Lynn Quenzer; Liz Everly; Joe Kelly lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: August 14, 2015 Filed: August 18, 2015 [Unpublished] ____________ Before WOLLMAN, SMITH, and BENTON, Circuit Judges. ____________ PER CURIAM. Samar Akins appeals the district court’s1 preservice dismissal of his pro se complaint alleging housing discrimination. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. In an initial 28 U.S.C. § 1915(e)(2)(B) screening order, the district court concluded that Akins’s complaint failed to state a plausible claim, and the court afforded him thirty days to file an amended complaint, specifically warning him that failure to do so within the time allowed would result in dismissal without further notice. After Akins did not timely file an amended complaint, the district court dismissed the action without prejudice on grounds that Akins had failed to prosecute his claims diligently and had failed to comply with the court’s earlier order. Upon careful review, this court concludes that the dismissal was proper. See Fed. R. Civ. P. 41(b); Brown v. Frey, 806 F.2d 801, 803 (8th Cir. 1986); see also Smith v. Gold Dust Casino, 526 F.3d 402, 404-05 (8th Cir. 2008); Schooley v. Kennedy, 712 F.2d 372, 374 (8th Cir. 1983) (per curiam). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable John M. Gerrard, United States District Court for the District of Nebraska. -2-