               United States Court of Appeals
                          For the Eighth Circuit
                      ___________________________

                              No. 12-2068
                      ___________________________

                               Mark E. Hammett

                     lllllllllllllllllllll Plaintiff - Appellant

                                         v.

  George Lombardi; Mike Kemna; Dave Dormire; Bill Galloway; Donna Cayer;
                      Kelly Morriss; Valerie Campbell

                   lllllllllllllllllllll Defendants - Appellees
                                    ____________

                   Appeal from United States District Court
             for the Western District of Missouri - Jefferson City
                               ____________

                         Submitted: January 4, 2013
                          Filed: February 4, 2013
                               [Unpublished]
                               ____________

Before MURPHY, GRUENDER, and BENTON, Circuit Judges.
                         ____________

PER CURIAM.
      Missouri inmate Mark Hammett appeals the district court’s1 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 (2006) (proper
exhaustion demands compliance with agency’s deadlines and other critical rules).
Accordingly, we affirm. See 8th Cir. R. 47B.
                       ______________________________




      1
       The Honorable Fernando J. Gaitan, Jr., Chief Judge, United States District
Court for the Western District of Missouri.

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