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Samar AKINS, Plaintiff-Appellant v. Michael WILSON; Keith Morris, doing business as Morris Enterprises, Defendants-Appellees

United States Court of Appeals for the Eighth Circuit2015-04-01No. No. 15-1144
598 F. App'x 471

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Opinion

majority opinion

PER CURIAM.

Samar Akins appeals the district court’s preservice dismissal, without prejudice, of his 42 U.S.C. § 1983 complaint. Upon careful de novo review, we 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.

. The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.