Akins v. Beutler et al
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
MAYOR CHRIS BEUTLER,
LINCOLN POLICE CHIEF
PESCHONG, OFFICER D. NELSON, )
OFFICER BERGLAND, OFFICER
MCANDREXI, SEVERAL UNNAMED
OFFICERS, and INTERNAL AFFAIRS)
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
See, e.g., Case
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
Akins will be limited to
filing one case in forma
pauperis in the federal
district court for the
District of Nebraska per
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
(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.
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
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
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.
A separate judgment will be entered in accordance with this
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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