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Paul Michael BLAISE, Appellant, v. Dr. Jason SMITH; PSS Hope Prentice; PSS Hirschman; TPS Jennifer Macklem, Appellees

United States Court of Appeals for the Eighth Circuit2010-01-12No. No. 09-1397
360 F. App'x 702

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Opinion

majority opinion

PER CURIAM.

Paul Blaise appeals the district court’s preservice dismissal of his 42 U.S.C. § 1983 action. Upon careful review, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir.2000) (per curiam) (de novo review), we affirm the dismissal for the reasons stated by the district court, see 8th Cir. R. 47B. However, to the extent Blaise’s claims for damages were dismissed pursuant to Heck v. Humphrey, 512 U.S. 477, 486-87, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), we modify the dismissal to be without prejudice, see Schafer v. Moore, 46 F.3d 43, 45 (8th Cir.1995) (per curiam) (dismissal under Heck should be without prejudice so plaintiff can refile if he satisfies Heck requirements).

. The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa.