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No. 96-2696 ___________

Jeffery D. Stevens, * * Appellant, * * v. * Appeal from the United States * District Court for the Sally Chandler-Halford; Dudley * Southern District of Iowa. Allison; David Scurr; Bernard * [UNPUBLISHED] Eaves, * * Appellees. * ___________

Submitted: October 10, 1996

Filed: October 21, 1996 ___________

Before FAGG, WOLLMAN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

Jeffery Stevens, an Iowa inmate, appeals the district court's1 dismissal of his 42 U.S.C. § 1983 action for failure to state a claim. The district court correctly based the dismissal upon our recent decision in Mahers v. Halford, 76 F.3d 951 (8th Cir. 1996), and thus we affirm without further discussion. See 8th Cir. R. 47B.

A true copy.

Attest:

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

1 The Honorable Charles R. Wolle, Chief Judge, United States District Court for the Southern District of Iowa.