United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 02-2556 ___________

Robert Lee Valentine, * * Appellant, * * v. * * Appeal from the United States David C. Brown, Prosecutor Attorney; * District Court for the District Robert Bozovsky, Chief Detective * of Minnesota. Brooklyn Park; Nathaniel J. Pearlson, * Forensic Scientist; Jack Denzel Davis, * [UNPUBLISHED] ASC-Supervisor; John Doe, Unknown * Agents, * * Appellees. * ___________

Submitted: August 20, 2002

Filed: August 27, 2002 ___________

Before McMILLIAN, FAGG, and BOWMAN, Circuit Judges. ___________

PER CURIAM.

Minnesota inmate Robert Lee Valentine appeals the district court's preservice dismissal of Valentine's 42 U.S.C. § 1983 lawsuit. Having carefully reviewed the record, we conclude dismissal was proper for the reasons relied on by the district court, but we modify the dismissal to be without prejudice. We thus affirm the judgment as modified. See 8th Cir. R. 47B.

A true copy.

Attest:

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

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