Samar Akins v. Michael Wilson; Keith Morris, doing business as Morris Enterprises

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[Unpublished]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’s preservice dismissal, without1
prejudice, of his 42 U.S.C. § 1983 complaint. Upon careful de novo review, we
The Honorable Richard G. Kopf, United States District Judge for the District1
of Nebraska.

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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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