Taofeek A. Quadri v. United States of America; Mark T. Esper, Secretary of the Army1

United States Court of Appeals
For the Eighth Circuit
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No. 17-2224
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Taofeek A. Quadri
lllllllllllllllllllll Plaintiff - Appellant
v.
United States of America; Mark T. Esper, Secretary of the Army1
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Western District of Arkansas - Texarkana
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Submitted: January 3, 2018
Filed: January 11, 2018
[Unpublished]
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Before BENTON, BOWMAN, and KELLY, Circuit Judges.
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PER CURIAM.
Taofeek A. Quadri brought an employment-discrimination action against the
Secretary of the Army. The district court concluded that Quadri’s claims were
Mark T. Esper has been appointed to serve as Secretary of the Army, and is1
substituted as appellee pursuant to Federal Rule of Appellate Procedure 43(c).

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nonjusticiable under Feres v. United States, 340 U.S. 135, 146 (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.
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