___________ No. 96-2658 ___________

Patrick J. Melius, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota.

Frank W. Wood, * * [UNPUBLISHED] Appellee. * __________ Submitted: January 7, 1997 Filed: January 10, 1997 __________ Before BOWMAN, MAGILL, and LOKEN, Circuit Judges.

___________

PER CURIAM.

Patrick J. Melius appeals the district court's1 dismissal without prejudice of his 42 U.S.C. § 1983 action pursuant to Federal Rule of Civil Procedure 12(b)(6). Having carefully reviewed the record and the parties' briefs, we conclude that the district court's dismissal was correct.

Accordingly, we affirm. See 8th Cir. R. 47B.

The Honorable David S. Doty, United States District Judge for the District of Minnesota, adopting the report and recommendation of the Honorable Jonathan G. Lebedoff, United States Magistrate Judge for the District of Minnesota.

A true copy.

Attest:

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

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