United States Court of Appeals
                          FOR THE EIGHTH CIRCUIT
                                  ___________

                                  No. 03-2594
                                  ___________

James E. Sherrod,                       *
                                        *
            Appellant,                  *
                                        *
       v.                               * Appeal from the United States
                                        * District Court for the
State of Nebraska; Don Stenberg;        * District of Nebraska.
Nebraska State Patrol; Lancaster        *   [UNPUBLISHED]
County Attorney’s Office; Lincoln       *
Police Department; Mark Funkhouser, *
Nebraska State Patrol; Jack Wyant;      *
Nebraska State Penitentiary; Joe Kelly; *
Jane Khress; Pam Fittje; Harold W.      *
Clarke,                                 *
                                        *
            Appellees.                  *
                                  ___________

                            Submitted: January 7, 2004

                                 Filed: January 15, 2004
                                  ___________

Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
                           ___________

PER CURIAM.

       Nebraska inmate James Sherrod brought this 42 U.S.C. § 1983 action alleging
that defendants lost evidence which, if DNA-tested, would have exonerated him of
a rape for which he was convicted. He sought damages and release from prison. The
district court1 dismissed the complaint for failure to state a claim, and Sherrod
appeals. Upon de novo review, see Breedlove v. Earthgrains Baking Cos., 

, 799 (8th Cir.), cert. denied, 

(1998), we agree with the district court
that Sherrod failed to state a claim under section 1983, see Heck v. Humphrey, 

, 486-87 (1994); Daniels v. Williams, 

, 330-31 (1986); Preiser
v. Rodriguez, 

, 490 (1973).


      Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.
                        ______________________________




      1
       The Honorable Richard G. Kopf, Chief Judge, United States District Court for
the District of Nebraska.

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