United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 96-3054 ___________ Vern C. Top Bear, * * Appellant, * * v. * * Appeal from the United States Oglala Sioux Tribe; John Steele; Milo * District Court for the Yellow Hair; Theresa Two Bulls; Chuck * District of South Dakota.

Jacobs; Philip Under Baggage; Alex * White Plume; Patrick Lee; Sid Witt; * [UNPUBLISHED] William Lone Hill; Pat Ross; Ann * Apple; Paul Rooks; Art Hopkins, * * Appellees. * ___________ Submitted: June 30, 1997 Filed: July 10, 1997 ___________ Before HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges. ___________ PER CURIAM.

Vern C. Top Bear appeals from the district court's1 dismissal without prejudice of his habeas petition, and dismissal of his claim for damages, both brought under the

The Honorable Richard H. Battey, Chief Judge, United States District Court for the District of South Dakota.

Indian Civil Rights Act, 25 U.S.C. §§ 1301-1342. After carefully reviewing the record and the parties' briefs, we conclude dismissal was proper. Accordingly, we affirm. See 8th Cir. R. 47B.

We deny Top Bear's motion for a preliminary injunction.

A true copy.

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

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