
    Joshua D’BARON, Plaintiff-Appellant, v. WACKENHUT CORRECTIONS CORPORATION; et al., Defendants-Appellees.
    No. 02-17320. D.C. No. CV-00-05175-AWI/DLB.
    United States Court of Appeals, Ninth Circuit.
    Submitted July 21, 2003.
    
    Decided July 24, 2003.
    Before LEAVY, HAWKINS, and RAWLINSON, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Joshua D’Baron appeals pro se the district court’s summary judgment dismissing his prisoner civil rights action for failure to exhaust administrative remedies. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003), and we affirm.

The district court properly dismissed the action because D’Baron failed to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a). See Booth v. Churner, 532 U.S. 731, 741, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001). We construe the district court’s order as dismissing the action without prejudice. See Wyatt, 315 F.3d at 1120.

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.
     