___________ No. 95-2543 ___________

Jerry William Weber, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota.

Orville Pung, Commissioner of * Corrections, * [UNPUBLISHED] * Appellee. * ___________ Submitted: December 28, 1995 Filed: January 10, 1996 ___________ Before FAGG, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________ PER CURIAM.

Minnesota inmate Jerry William Weber brought this 42 U.S.C. § 1983 action, claiming that defendant's policies resulted in constitutionally unequal treatment of male and female inmates incarcerated in different Minnesota prisons. The district court1 granted summary judgment to defendant, dismissing with prejudice Weber's claims for monetary relief and dismissing without prejudice his claims for declaratory and equitable relief. Weber appeals.

Having carefully reviewed the record and the parties' briefs, we conclude that the district court properly dismissed Weber's damage claims under the doctrine of qualified immunity and properly

The HONORABLE RICHARD H. KYLE, United States District Court for the District of Minnesota, adopting the report and recommendations of the HONORABLE ANN D. MONTGOMERY, United States Magistrate Judge for the District of Minnesota. dismissed his equitable claims because Weber was no longer being incarcerated in a Minnesota facility. Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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