EDWARD A. DUFRESNE, Jr., Chief Judge.
This is an appeal by Kenneth OBrien, plaintiff-appellant, from a judgment dismissing with prejudice his suit against Jefferson Parish Sheriff Harry Lee and several of his deputies on grounds that plaintiff failed to request service of his petition within 90 days of filing as required by La. R.S. 13:5107D. For the following reasons we amend the judgment to provide that it be "without prejudice," but otherwise affirm it.
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