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Akins v. Martinez

United States District Court, D. Nebraska

February 10, 2015

SAMAR AKINS, Plaintiff,
v.
DORY MORE MARTINEZ, SAM I. COOPER, County Attorney, JESSICA MURPHY, Deputy County Attorney, STATE OF NEBRASKA, DEPARTMENT OF HEALTH AND HUMAN SERVICES, MARSHA C., Department of Health and Human Services, DEPARTMENT OF MOTOR VEHICLES, and DISTRICT JUDGE STACY, Defendants.

MEMORANDUM AND ORDER

JOHN M. GERRARD, District Judge.

Plaintiff Samar Akins filed his Complaint in this matter on October 8, 2014. (Filing No. 1.) Plaintiff has been given leave to proceed in forma pauperis. (Filing No. 5.) The court now conducts an initial review of the Complaint to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2).

I. BACKGROUND

Plaintiff sued two state agencies in this matter, the Nebraska Department of Health and Human Services and the Nebraska Department of Motor Vehicles. He also sued Dory Martinez ("D.M."), who is the mother of his children, and District Judge Stephanie Stacy, who presided over custody proceedings between Plaintiff and D.M. Plaintiff alleged D.M. is collecting welfare benefits she is not entitled to because she is not a citizen of the United States. In addition, Plaintiff alleged Judge Stacy awarded D.M. custody of Plaintiff's children despite her knowledge that D.M., among other things, is not a citizen and could be "deported at any time." (Filing No. 1 at CM/ECF p. 2.)

Plaintiff also sued Sam Cooper, Jessica Murphy, and Marsha C. He alleged Cooper and Murphy are county attorneys and Marsha C. is employed by the Nebraska Department of Health and Human Services. Together, these Defendants had Plaintiff's "driver's license suspended because of alleged delinquent child support." (Id. at CM/ECF p. 4.) Liberally construed, Plaintiff alleges these Defendants are violating his constitutional rights because there is no requirement that an "illegal citizen" receive child support. (Id. ) Also, Plaintiff asserts it is a violation of his right to due process to suspend his license for such reasons prior to there being a final order issued in his custody case. (Id. )

As relief in this matter, Plaintiff asks that the State of Nebraska be forced to pay him monetary damages in the amount of $60, 000.00. Plaintiff also seeks the following relief:

• the State of Nebraska be enjoined from forcing Plaintiff to pay D.M. child support;
• D.M. be required to repay the State of Nebraska for any benefits she has applied for;
• the State of Nebraska be ordered to discontinue its efforts to collect from minority men reimbursement for government benefits;
• Judge Stacy be disbarred;
• sole custody of Plaintiff's children be awarded to Plaintiff;
• the Nebraska Department of Motor Vehicles be enjoined from suspending a driver's license prior to the accused receiving a full hearing before a district court judge; and
• the State of Nebraska be temporarily enjoined from requiring only a father to ...

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