United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 96-1251 ___________ Edward McDowell, * * Appellant, * * v. * * Appeal from the United States Charlotte Lynn Randall, in her official * District Court for the and individual capacity; State of * District of South Dakota.

South Dakota; Joe Class, Warden, * South Dakota State Penitentiary; * [UNPUBLISHED] Mark W. Barnett, Attorney General; * Ron Miller, Prison Health Services; * Kay Wilka, Sioux Valley Hospital, * * Appellees. * ___________ Submitted: May 23, 1997 Filed: May 29, 1997 ___________ Before BOWMAN, WOLLMAN, and BEAM, Circuit Judges. ___________ PER CURIAM.

Edward McDowell appeals from the district court's1 order dismissing his action under 42 U.S.C. § 1983 as frivolous pursuant to 28 U.S.C. § 1915(d) (now codified at

The Honorable John Bailey Jones, United States District Judge for the District of South Dakota. 28 U.S.C. § 1915(e)(2)). Having reviewed the record and the parties' briefs, we conclude that the district court's judgment was correct, and that an extended discussion is not warranted. Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

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

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