Mark E. HAMMETT, Plaintiff-Appellant v. George LOMBARDI; Mike Kemna; Dave Dormire; Bill Galloway; Donna Cayer; Kelly Morriss; Valerie Campbell, Defendants-Appellees, 497 F. App'x 684

PER CURIAM. Missouri inmate Mark Hammett appeals the district court’s dismissal, without prejudice, of his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. Given that Hammett submitted with his complaint a prison official’s June 2010 Appeal Response denying Hammett’s administrative appeal because he did not timely commence the grievance process, we conclude that dismissal was warranted. See 42 U.S.C. § 1997e(a) (exhaustion of administrative remedies must precede prisoner’s filing of suit); Woodford v.

Ngo, 548 U.S. 81, 90-91, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (proper exhaustion demands compliance with agency’s deadlines and other critical rules). Accordingly, we affirm. See 8th Cir. R. 47B. . The Honorable Fernando J. Gaitan, Jr., Chief Judge, United States District Court for the Western District of Missouri.