William Frank MARSHALL, Appellant, v. Don HOLLOWAY, Sheriff of Pennington County, South Dakota, Appellee, 44 F. App'x 44

PER CURIAM. William Marshall appeals from the district court’s adverse grant of

summary judgment and dismissal without prejudice of his 42 U.S.C. § 1983 claim. The district court determined that Marshall failed to exhaust his administrative remedies as required under 42 U.S.C. § 1997e(a). Because Marshall was not incarcerated or detained when he filed his complaint, we reverse and remand to the district court to consider his case on its merits. See Doe v. Washington County, 150 F.3d 920, 924 (8th Cir.1998). We decline to affirm the judgment on a basis not considered by the district court. See Cavegn v. Twin City Pipe Trades Pension Plan, 223 F.3d 827, 831 (8th Cir.2000). We also deny Marshall’s pending motion.