PER CURIAM. Appellant appeals from the district court’s dismissal of his 42 U.S.C. § 1983 action on the basis that his complaint failed to state a claim upon which relief could be granted. We affirm dismissal, but modify the district court’s order, which shall be dismissal without prejudice to appellant’s section 1983 claim. On March 13, 1980, Willie Leon Hadley plead…
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