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RIEMERS v. STATE

No. 20050433.

718 N.W.2d 566 (2006)

2006 ND 162

Roland C. RIEMERS, Plaintiff and Appellant and Jonathan P. Riemers, Plaintiff v. STATE of North Dakota and Douglas Herman, Defendants and Appellees.

Supreme Court of North Dakota.

July 18, 2006.

Attorney(s) appearing for the Case

Roland C. Riemers, pro se, Emerado, N.D., plaintiff and appellant.

Wade C. Mann, Assistant Attorney General, Office of Attorney General, Bismarck, N.D., for defendants and appellees.

CROTHERS, Justice.

[¶ 1] Roland C. Riemers appeals from a district court judgment dismissing his complaint with prejudice against the State of North Dakota and District Court Judge Douglas Herman. Concluding the district court lacked jurisdiction to adjudicate the matter based on Riemers' improper service on the State and Judge Herman, we affirm dismissal of the action but modify the judgment to dismiss Riemers' suit without prejudice.

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