Hani W. Khouri appeals the district court’s 1 pre-service dismissal of his action. Having carefully reviewed the record, we conclude that dismissal was proper for the reasons explained by the district court. However, we modify the dismissal of Khouri’s damages claim to be without prejudice. See Schafer v. Moore, 46 F.3d 43, 45 (8th Cir. 1995) (per curiam). Accordingly, we affirm the judgment as modified. See 8th Cir. R. 47B.

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