OMAHA, Neb. (AP) — A lawsuit filed against the Nebraska prison system by a man convicted of first-degree murder in four Omaha shooting deaths in 2013 has been dismissed.

In an order issued Friday, a Lancaster County District judge said Nikko Jenkins failed to serve the Nebraska Department of Correctional Services with notice of the lawsuit, as required by law.

Jenkins, who was acting as his own attorney, had sought $1.7 million in damages, saying the state failed to adequately treat his mental illness while he was incarcerated for years before his 2013 release.

Following his release, Jenkins shot and killed four people over a 10-day period. He was convicted last year, but his sentencing is on hold to see if a law passed repealing Nebraska’s death penalty goes into effect later this month.