
    Taofeek A. QUADRI Plaintiff-Appellant v. UNITED STATES of America; Mark T. Esper, Secretary of the Army Defendants-Appellees
    No. 17-2224
    United States Court of Appeals, Eighth Circuit.
    Submitted: January 3, 2018
    Filed: January 11, 2018
    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
    Before BENTON, BOWMAN, and KELLY, Circuit Judges.
    
      
      . Mark T. Esper has been appointed to serve as Secretary of the Army, and is substituted as appellee pursuant to Federal Rule of Appellate Procedure 43(c).
    
   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 non-justiciable 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.  