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1 The Honorable Edward J. McManus, United States District Judge for the
Northern District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 02-3776
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Hani W. Khouri, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the Northern
* District of Iowa.
Thomas Andrews, Assistant Attorney *
General, State of Iowa; Douglas * [UNPUBLISHED]
Marek; Thomas J. Miller, Attorney *
General, State of Iowa; Thomas J. *
Vilsack, Governor, State of Iowa, *
*
Appellees. *
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Submitted: March 28, 2003
Filed: April 2, 2003
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Before MORRIS SHEPPARD ARNOLD, BYE, and RILEY, Circuit Judges.
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PER CURIAM.
Hani W. Khouri appeals the district court’s 1 pre-service dismissal of his action.
Having carefully reviewed the record, we conclude that dismissal was proper for the
reasons explained by the district court. However, we modify the dismissal of
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Khouri’s damages claim to be without prejudice. See Schafer v. Moore, 46 F.3d 43,
45 (8th Cir. 1995) (per curiam). Accordingly, we affirm the judgment as modified.
See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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