Court of Appeals for the Eighth Circuit November 25, 2002, No. 01-3501 (Waff v. South Dakota Department of Corrections)

PER CURIAM.

South Dakota inmates Joseph P. Kerk-hove and Lewis E. Ashker1 appeal from the district court’s pre-service dismissal without prejudice of their civil rights action. Having carefully reviewed the record, see Atkinson v. Bohn, 91 F.3d 1127, 1128-29 (8th Cir.1996) (per curiam), we affirm in part and reverse in part.

Mr. Kerkhove and Mr.