Ronnie Lockard v. Farm Service Agency

U.S. Court of Appeals for the Eighth Circuit
Ronnie Lockard v. Farm Service Agency, 70 F. App'x 399 (8th Cir. 2003)
Bowman, Bye, Melloy, Per Curiam

Ronnie Lockard v. Farm Service Agency

Opinion

PER CURIAM.

Ronnie Lockard appeals the district court’s 1 dismissal of his action against federal defendants. Lockard and his mother had previously brought a similar action in federal court that was dismissed for lack of jurisdiction, given monetary limits as to some claims and the failure to exhaust administrative remedies as to other claims. In the instant action the Lockards presented no additional allegations, and we conclude jurisdiction was still lacking. We therefore affirm the dismissal of this action for lack of jurisdiction, but modify the dismissal to be without prejudice. See Ahmed v. United States, 147 F.3d 791, 796 n. 5, 797-98 (8th Cir. 1998) (district court’s decision may be affirmed on any ground supported by record; dismissal for lack of jurisdiction is not adjudication on merits and thus should be without prejudice).

1

. The Honorable Garnett Thomas Eisele, United States District Judge for the Eastern District of Arkansas.

Reference

Full Case Name
Ronnie LOCKARD, Appellant, Ruby Lockard, Plaintiff, v. FARM SERVICE AGENCY, HEBER SPRINGS, AR; Department of Agriculture; Len Blaylock, Jr., Appellees
Status
Unpublished