Jimmy Jay Michalek v. Daryl Miner

U.S. Court of Appeals for the Eighth Circuit
Jimmy Jay Michalek v. Daryl Miner, 70 F. App'x 908 (8th Cir. 2003)

Jimmy Jay Michalek v. Daryl Miner

Opinion

PER CURIAM.

South Dakota inmate Jimmy Jay Michalek appeals from the district court’s * preservice dismissal without prejudice of Michalek’s civil complaint. Having reviewed the record de novo, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam), we conclude the district court properly dismissed the complaint. We also *909 note district court’s without-prejudice dismissal permits Michalek to refile his suit against the individual jailers involved in allegedly ignoring his medical needs after he exhausts any available administrative remedies. Accordingly, we affirm. See 8th Cir. R. 47A(a).

A true copy.

*

The Honorable Lawrence L. Piersol, Chief Judge, United States District Court for the District of South Dakota.

Reference

Full Case Name
Jimmy Jay MICHALEK, Appellant, v. Daryl MINER, Sheriff of Tripp County, South Dakota; Donald Manger, Sheriff of Lyman County, South Dakota, Appellees
Status
Unpublished