United States Court of Appeals

FOR THE EIGHTH CIRCUIT ___________

No. 97-1133 ___________

David Lykken; Aldon Heckenlaible, * * Plaintiffs, * * David A. Waff, * * Appellant, * * Appeal from the United States v. * District Court for the District * of South Dakota. Jeff Bloomberg, Secretary of * Corrections, individually and in his * [UNPUBLISHED] official capacity; Joe Class, Warden * South Dakota State Penitentiary, * individually and in his official capacity; * Steve Lee, Deputy Warden, * individually and in his official capacity; * Douglas Weber, Warden Security, * individually and in his official * capacity; Edward Ligtenberg, Asc. * Warden, individually and in his * official capacity, * * Appellees. * ___________

Submitted: January 7, 1998

Filed: January 14, 1998 ___________ Before McMILLIAN, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________

PER CURIAM.

David A. Waff, a South Dakota inmate, appeals the district court&s1 28 U.S.C. § 1915A dismissal of his 42 U.S.C. § 1983 action. Waff filed this action challenging prison regulations set forth in the South Dakota Department of Corrections “Inmate Living Guide.” The district court dismissed Waff&s claim without prejudice as frivolous. After a careful review of the record and the appellant&s submissions on appeal, we affirm the judgment of the district court. See 8th Cir. R. 47B.

A true copy.

Attest:

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

1 The Honorable John B. Jones, United States District Judge for the District of South Dakota.

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