Akins v. Beutler et al

Filing 6

MEMORANDUM AND ORDER - This matter is dismissed without prejudice because Akins failed to comply with the filing restrictions imposed on him in this district on January 14, 2015. A separate judgment will be entered in accordance with this order. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SAMAR AKINS,

)
)
Plaintiff,
)
)
v.
)
)
MAYOR CHRIS BEUTLER,
)
LINCOLN POLICE CHIEF
)
PESCHONG, OFFICER D. NELSON, )
OFFICER BERGLAND, OFFICER
)
MCANDREXI, SEVERAL UNNAMED
)
OFFICERS, and INTERNAL AFFAIRS)
SGT. DILSZVEN,
)
)
Defendants.
)
______________________________)

4:15CV3057

MEMORANDUM AND ORDER

Plaintiff Samar Akins filed his complaint (Filing No.
1) in this case on May 28, 2015.

He generally alleges the City

of Lincoln and various municipal officers conspired to violate
his constitutional rights.

Akins has filed numerous actions in

this Court since January of 2014 alleging constitutional
violations by governmental entities or officers.1

1

See, e.g., Case
4:14CV03034-RGK-PRSE;
4:14CV03081-RGK-PRSE;
4:14CV03150-JMG-PRSE;
4:14CV03153-RGK-PRSE;
4:14CV03216-RGK-PRSE;
4:14CV03218-LSC-PRSE;
4:14CV03235-JMG-PRSE;
4:15CV03006-JMG-PRSE;
4:15CV03057-LES-PRSE;

Nos. 4:14CV03026-JMG-PRSE;
4:14CV03061-RGK-PRSE;
4:14CV03092-JFB-PRSE;
4:14CV03151-RGK-PRSE;
4:14CV03204-JMG-PRSE;
4:14CV03217-JFB-PRSE;
4:14CV03234-JFB-PRSE;
4:14CV03236-RGK-PRSE;
4:15CV03007-JMG-PRSE;
and 4:15CV03059-JFB-PRSE.

Here, the

Court will dismiss the complaint because, in filing this action,
Akins failed to comply with the filing restrictions imposed on
him in this district on January 14, 2015.

(See Case No.

4:14CV03218-LSC-PRSE, Filing No. 9.)
On January 14, 2015, the Chief United States District
Judge for the District of Nebraska imposed the following filing
restrictions:
1.

Akins will be limited to
filing one case in forma
pauperis in the federal
district court for the
District of Nebraska per
month.

2.

Akins will be enjoined from
filing any lawsuit in the
federal district court for the
District of Nebraska unless
he: attaches a copy of this
order to his complaint, and he
attaches an affirmation,
signed by him, of the date of
his most recent prior filing
of a new case in this
district.

(Case No. 4:14CV3218-LSC-PRSE, Filing No. 9 at CM/ECF p. 1.)
These filing restrictions do not prohibit Akins from proceeding
as a proponent in any civil claim in this district with the
representation of an attorney.

In addition, these restrictions

do not prohibit Akins from defending himself in any criminal or
civil litigation brought against him in this district.

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(See id.)

In this matter, Akins did not attach a copy of the
order imposing the filing restrictions, and he did not set forth
the date of his most recent prior filing of a new case in this
district.

Rather, in an affirmation he submitted with his

complaint, he attested he had not filed a civil lawsuit in the
last 30 days, but also stated, “I do not have a copy of the
judge[’]s order, it is an unnecessary burden on me anyway [and] I
don’t remember when I filed my last lawsuit.”

(Filing No. 3 at

CM/ECF p. 1.)
Akins has a practice of filing cases that fail to state
a claim upon which relief may be granted.

Indeed, it does not

appear that any of the 20 or so cases Akins has filed in the last
year have survived initial review.

In this case, Akins did not

comply with the filing restrictions imposed on him in this
district.

These restrictions have been imposed to protect the

Court from abuses of the Court’s resources, and Akins will be
required to abide by them.

Accordingly, this matter is dismissed

without prejudice because Akins failed to comply with the filing
restrictions imposed on him in this district on January 14, 2015.

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A separate judgment will be entered in accordance with this
order.
DATED this 8th day of June, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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