United States Court of Appeals
                          FOR THE EIGHTH CIRCUIT
                                  ___________

                                  No. 09-2114
                                  ___________

Frank R. Owens,                      *
                                     *
             Appellant,              *
                                     *      Appeal from the United States
      v.                             *      District Court for the
                                     *      Southern District of Iowa.
Donald J. Mallinger; Dr. Sanchez;    *
Nurse Julie Pihl; Dennis Brumbaugh; *           [UNPUBLISHED]
Rich Barlow; Mendez; Jack Bates;     *
Donald Aschbrenner; Darrell Moeller; *
Dave DeGrange; Ronald Welder; John *
Ault; Matt Rehm; Mary Fett; Gary     *
Deen; Charles Harper,                *
                                     *
             Appellees.              *

                                  ___________

                            Submitted: January 14, 2010
                               Filed: January 29, 2010
                                ___________

Before BYE, RILEY, and SHEPHERD, Circuit Judges.
                            ___________

PER CURIAM.

      Iowa inmate Frank Owens appeals the district court’s1 preservice dismissal of
his 42 U.S.C. § 1983 action, in part without prejudice. Upon de novo review, see

      1
       The Honorable Robert W. Pratt, Chief Judge, United States District Court for
the Southern District of Iowa.
Moore v. Sims, 

, 1171 (8th Cir. 2000) (per curiam) (citing Cooper v.
Schriro, 

, 783 (8th Cir. 1999) (per curiam)), we conclude dismissal was
proper. See Will v. Mich. Dep’t of State Police, 

, 70-71 (1989) (holding
that because the Eleventh Amendment immunizes the states from suit, neither a state
nor its officials acting in their official capacities are “persons” under § 1983 when
sued for damages); Baker v. Chisom, 

, 923 (8th Cir. 2007) (declaring that
if a § 1983 complaint is silent as to the capacity in which a defendant is sued, this
court interprets the complaint as including only official-capacity claims); Martin v.
Sargent, 

, 1337 (8th Cir. 1985) (“[A] prisoner’s claim for injunctive
relief to improve prison conditions is moot if he or she is no longer subject to those
conditions”); see also Phipps v. FDIC, 

, 1010 (8th Cir. 2005) (noting
this court may affirm a dismissal on any basis supported by the record). We affirm.
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