
    David Earl WALKER, Plaintiff—Appellant, v. Jay S. THOMPSON, Correctional Officer; et al., Defendants—Appellees.
    No. 02-15613.
    D.C. No. CV-00-20454-JF.
    United States Court of Appeals, Ninth Circuit.
    Submitted Dec. 2, 2002.
    
    Decided Dec. 10, 2002.
    Before GOODWIN, TROTT, and GRABER, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

David Earl Walker, a California state prisoner, appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging excessive force, due process violations, and assault and battery. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001), and we affirm.

The district court properly determined that Walker failed to state a claim because he failed to exhaust his administrative remedies prior to filing suit. See Booth v. Churner, 532 U.S. 731, 734, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001).

AFFIRMED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
     