Louis Jimerson v. Raymond M. Meyer

*
The Honorable Lawrence L. Piersol, Chief Judge, United States District Court
for the District of South Dakota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 03-2146
___________
Jimmy Jay Michalek, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the District
* of South Dakota.
Daryl Miner, Sheriff of Tripp County, *
South Dakota; Donald Manger, Sheriff * [UNPUBLISHED]
of Lyman County, South Dakota, *
*
Appellees. *
___________
Submitted: July 30, 2003
Filed: August 5, 2003
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Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
___________
PER CURIAM.
South Dakota inmate Jimmy Jay Michalek appeals from the district court’s*
preservice dismissal without prejudice of Michalek's civil complaint. Having
reviewed the record de novo, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000)
(per curiam), we conclude the district court properly dismissed the complaint. We
also note the district court's without-prejudice dismissal permits Michalek to refile

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his suit against the individual jailers involved in allegedly ignoring his medical needs
after he exhausts any available administrative remedies. Accordingly, we affirm. See
8th Cir. R. 47A(a).
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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