Court of Appeals for the Ninth Circuit May 20, 2004, No. 03-15732 (Smith v. Castro)

MEMORANDUM **

California state prisoner James E. Smith appeals pro se the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 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.