United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-2482 ___________________________

Robert L. Erickson

lllllllllllllllllllllPetitioner - Appellant

v.

United States of America

lllllllllllllllllllllRespondent - Appellee ____________

Appeal from United States District Court for the District of South Dakota - Pierre ____________

Submitted: June 14, 2018 Filed: June 21, 2018 [Unpublished] ____________

Before WOLLMAN, ARNOLD, and KELLY, Circuit Judges. ____________

PER CURIAM.

The judgment of the district court is vacated. The case is remanded to the district court with directions to dismiss the Johnson claim only and for further proceedings on the remaining claims. ______________________________