Ronnie Lockard v. Dept. of Agriculture , 70 F. App'x 400 ( 2003 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 02-3621
    ___________
    Ronnie Lockard,                       *
    *
    Appellant,                 * Appeal from the United States
    * District Court for the
    v.                              * Eastern District of Arkansas.
    *
    Department of Agriculture, Farm       * [UNPUBLISHED]
    Service Agency; Len Blaylock, Jr.,    *
    *
    Appellees.                 *
    ___________
    Submitted: July 17, 2003
    Filed: July 24, 2003
    ___________
    Before BOWMAN, BYE, and MELLOY, Circuit Judges.
    ___________
    PER CURIAM.
    Ronnie Lockard appeals the district court’s1 dismissal of his action against
    federal defendants. Lockard and his mother had previously brought a similar action
    in federal court that was dismissed for lack of jurisdiction, given monetary limits as
    to some claims and the failure to exhaust administrative remedies as to other claims.
    In the instant action Lockard presented no additional allegations, and we conclude
    jurisdiction was still lacking. We therefore affirm the dismissal of this action for lack
    1
    The Honorable Stephen M. Reasoner, United States District Judge for the
    Eastern District of Arkansas.
    of jurisdiction, but modify the dismissal to be without prejudice. See Ahmed v.
    United States, 
    147 F.3d 791
    , 796 n.5, 797-98 (8th Cir. 1998) (district court’s decision
    may be affirmed on any ground supported by record; dismissal for lack of jurisdiction
    is not adjudication on merits and thus should be without prejudice).
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 02-3621

Citation Numbers: 70 F. App'x 400

Filed Date: 7/24/2003

Precedential Status: Non-Precedential

Modified Date: 1/12/2023