Tristan

MEMORANDUM **

California state prisoner Marcus R. Williams appeals pro se from the district court’s judgment dismissing for failure to exhaust administrative remedies his 42 U.S.C. § 1983 action alleging that the confiscation of personal property including his Playboy magazines violated his civil rights. 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 in part, reverse in part and remand.

The district court properly dismissed without prejudice Williams’s claim relating to the confiscation of the January, February, March, April and May 2003 issues of his Playboy magazine subscription. Williams failed to exhaust administrative remedies prior to filing his original complaint. See McKinney v. Carey, 311 F.3d 1198, 1199-1200 (9th Cir.2002) (per curiam) (holding that 42 U.S.C. § 1997e(a) requires dismissal without prejudice where a prisoner has not exhausted administrative remedies prior to filing suit). To the extent Williams contends that he should be exempted from the exhaustion requirement as to this claim, we are not persuaded. C f. Booth v. Churner, 532 U.S. 731 , 741 n. 6, 121 S.Ct. 1819 ,…