Scottie Scott v. State of Iowa, et al

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PER CURIAM OPINION FILED - THE COURT: JAMES B. LOKEN, KERMIT E. BYE and STEVEN M. COLLOTON (UNPUBLISHED) [3840648] [11-1796]

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-1796 ___________ Scottie L. Scott, * * Appellant, * * Appeal from the United States v. * District Court for the Northern * District of Iowa. State of Iowa; Aaron K. Hawbaker; * Kathryn J. Mahoney; Cory Jon * [UNPUBLISHED] Goldensoph; Black Hawk County, * * Appellees. * ___________ Submitted: October 12, 2011 Filed: October 19, 2011 ___________ Before LOKEN, BYE, and COLLOTON, Circuit Judges. ___________ PER CURIAM. Iowa inmate Scottie Scott appeals the district court’s1 dismissal of his 42 U.S.C. § 1983 action as barred by Heck v. Humphrey, 512 U.S. 477 (1994). Upon de novo review, we conclude dismissal was proper for the reasons the district court stated, although the dismissal should have been without prejudice, see Schafer v. 1 The Honorable Edward J. McManus, United States District Judge for the Northern District of Iowa. Appellate Case: 11-1796 Page: 1 Date Filed: 10/19/2011 Entry ID: 3840648 Moore, 46 F.3d 43, 45 (8th Cir. 1995) (per curiam). Accordingly, we modify the dismissal to be without prejudice, and we affirm the judgment as modified. See 8th Cir. R. 47B. ______________________________ -2- Appellate Case: 11-1796 Page: 2 Date Filed: 10/19/2011 Entry ID: 3840648

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