QUADRI v. UNITED STATES (2018)

United States Court of Appeals, Eighth Circuit.

Taofeek A. QUADRI Plaintiff-Appellant v. UNITED STATES of America; Mark T. Esper, Secretary of the Army 1 Defendants-Appellees

No. 17-2224

Decided: January 11, 2018

Before BENTON, BOWMAN, and KELLY, Circuit Judges.

Taofeek A. Quadri, Pro Se Claude Shackelford Hawkins, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Arkansas, Fort Smith, AR, for Defendants-Appellees

[Unpublished]

Taofeek A. Quadri brought an employment-discrimination action against the Secretary of the Army. The district court concluded that Quadri’s claims were nonjusticiable under Feres v. United States, 340 U.S. 135, 146, 71 S.Ct. 153, 95 L.Ed. 152 (1950), and dismissed the action with prejudice. On appeal, Quadri contends only that the dismissal should have been without prejudice. Having jurisdiction under 28 U.S.C. § 1291, this court agrees. See Hupp v. U.S. Dep’t of Army, 144 F.3d 1144, 1148 (8th Cir. 1998); Wood v. United States, 968 F.2d 738, 740 (8th Cir. 1992).

The judgment is modified to be a dismissal without prejudice, and is otherwise undisturbed. See 8th Cir. R. 47B. The pending motion for a stay is denied.

PER CURIAM.

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