United States Court of Appeals
                           FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 02-3776
                                    ___________

Hani W. Khouri,                        *
                                       *
             Appellant,                *
                                       * Appeal from the United States
      v.                               * District Court for the Northern
                                       * District of Iowa.
Thomas Andrews, Assistant Attorney *
General, State of Iowa; Douglas        * [UNPUBLISHED]
Marek; Thomas J. Miller, Attorney      *
General, State of Iowa; Thomas J.      *
Vilsack, Governor, State of Iowa,      *
                                       *
             Appellees.                *
                                  ___________

                          Submitted: March 28, 2003
                              Filed: April 2, 2003
                                   ___________

Before MORRIS SHEPPARD ARNOLD, BYE, and RILEY, Circuit Judges.
                         ___________

PER CURIAM.

      Hani W. Khouri appeals the district court’s1 pre-service dismissal of his action.
Having carefully reviewed the record, we conclude that dismissal was proper for the
reasons explained by the district court. However, we modify the dismissal of


      1
      The Honorable Edward J. McManus, United States District Judge for the
Northern District of Iowa.
Khouri’s damages claim to be without prejudice. See Schafer v. Moore, 

,
45 (8th Cir. 1995) (per curiam). Accordingly, we affirm the judgment as modified.
See 8th Cir. R. 47B.

      A true copy.

            Attest:

                     CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




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