                 United States Court of Appeals
                             For the Eighth Circuit
                         ___________________________

                                 No. 17-2096
                         ___________________________

                                    Glen Springer,

                       lllllllllllllllllllll Plaintiff - Appellant,

                                           v.

    Corporal Benjamin Dale Caple, also known as D. Cable; D. Reed, Warden,
     Ouachita River Unit, ADC; Dep. Assist. Warden Gary A. Musselwhite,

                      lllllllllllllllllllll Defendants - Appellees.
                                       ____________

                     Appeal from United States District Court
                for the Western District of Arkansas - Hot Springs
                                 ____________

                             Submitted: March 28, 2018
                                Filed: April 3, 2018
                                   [Unpublished]
                                  ____________

Before WOLLMAN, COLLOTON, and SHEPHERD, Circuit Judges.
                       ____________

PER CURIAM.

       In this pro se 42 U.S.C. § 1983 action, Arkansas inmate Glen Springer appeals
the district court’s adverse grant of summary judgment. The district court granted
summary judgment based on its conclusion that Springer failed to exhaust
administrative remedies and failed to establish an Eighth Amendment violation.
Upon de novo review, see King v. Iowa Dep’t of Corrs., 598 F.3d 1051, 1052 (8th
Cir. 2010), we agree with the district court that Springer failed to exhaust
administrative remedies before filing suit and therefore affirm the dismissal of the
action on that basis. See 42 U.S.C. § 1997e(a); King, 598 F.3d at 1053. We modify
the dismissal, however, to be without prejudice. See Porter v. Sturm, 781 F.3d 448,
452 (8th Cir. 2015); Davis v. Harmon, 389 Fed. Appx. 587 (8th Cir. 2010)
(unpublished per curiam). We also conclude the district court properly denied
Springer’s motion for reconsideration. See United States v. Metro. St. Louis Sewer
Dist., 440 F.3d 930, 933 (8th Cir. 2006).

      The judgment is affirmed as modified. See 8th Cir. R. 47B.
                     ______________________________




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