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133 F.3d 922

Docket No. 97-1133.

David Lykken Aldon Heckenlaible v. David A. Waff, Jeff Bloomberg, Secretary of Corrections, Individually and in His Official Capacity Joe Class, Warden South Dakota State Penitentiary, Individually and in His Official Capacity Steve Lee, Deputy Warden, Individually and in His Official Capacity Douglas Weber, Warden Security, Individually and in His Official Capacity Edward Ligtenberg, Asc. Warden, Individually and in His Official Capacity

Eighth Circuit Court of Appeals

Submitted: Jan. 7, 1998. Decided: Jan. 14, 1998.

Eighth Circuit Court of Appeals · decided 1998-01-14

Applies 28 U.S.C. § 1915A · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Lager v. Kemna

Opinion by Per Curiam · Decided 1998-01-14

NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that they are not precedent and generally should not be cited unless relevant to establishing the doctrines of res judicata, collateral estoppel, the law of the case, or if the opinion has persuasive value on a material issue and no published opinion would serve as well.

Before McMILLIAN, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

¶1

David A. Waff, a South Dakota inmate, appeals the district court's1 28 U.S.C. § 1915A dismissal of his 42 U.S.C. § 1983 action. Waff filed this action challenging prison regulations set forth in the South Dakota Department of Corrections "Inmate Living Guide." The district court dismissed Waff's claim without prejudice as frivolous. After a careful review of the record and the appellant's submissions on appeal, we affirm the judgment of the district court. See 8th Cir. R. 47B.

1

The Honorable John B. Jones, United States District Judge for the District of South Dakota

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