United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 97-4271 ___________ Christopher W. Nolan, * * Appellant, * * v. * * Appeal from the United States Douglas Weber, Warden of the SD * District Court for the District State Penitentiary; Mark W. Barnett, * of South Dakota.

Attorney General of the State of SD; * Jason Krause, Inmate at Springfield * [UNPUBLISHED] State Prison; Matthew Fuller, Inmate * at Springfield State Prison; Warren * McBride, Inmate at Springfield State * Prison; John Doe, Correctional Officer * at the Springfield State Prison; All * Agents and successors individually and * in their official capacity, * * Appellees. * ___________ Submitted: April 6, 1998 Filed: April 14, 1998 ___________ Before BOWMAN, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________ PER CURIAM.

Christopher Nolan appeals from the District Court’s1 order dismissing without prejudice his 42 U.S.C. § 1983 (1994) action for failing to state a claim under 28 U.S.C.A. § 1915(e)(2)(B)(ii) (West Supp. 1998). After careful review of the record and Nolan’s submissions, we affirm. See 8th Cir. R. 47B.

A true copy.

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

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

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