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District Court for the District of South Dakota - Pierre ____________ Submitted: June 14, 2018 Filed: June 21, 2018 [Unpublished] ____________ Before WOLLMAN, ARNOLD, and KELLY, Circuit Judges.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. ______________________________