LAW.coLAW.co

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

United States Court of Appeals for the Eighth Circuit2003-08-05No. No. 03-2146
70 F. App'x 908

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority 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 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.