Court of Appeals for the Ninth Circuit February 14, 2003, No. 02-16661; D.C. No. CV-02-02673-SI (Lewis v. Thor)

MEMORANDUM**

Mario Lewis, a California state prisoner, appeals pro se the district court’s dismissal without prejudice of his 42 U.S.C. § 1983 complaint and action alleging that prison officials violated his constitutional rights. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order), and we vacate and remand.