Ross

MEMORANDUM **

California state prisoner Alvin Ronnel Ross appeals pro se from the district court’s order granting defendants’ Fed. R.Civ.P. 12(b) motion to dismiss for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291 . We review for clear error the district court’s findings of fact and review de novo its application of substantive law. Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir. 2003). We affirm.

The district court properly dismissed Ross’s action because Ross did not exhaust administrative remedies prior to filing this action. See 42 U.S.C. § 1997e(a); McKinney v. Carey, 311 F.3d 1198, 1199-1200 (9th Cir.2002) (per curiam).

Contrary to Ross’s contention, the district court properly applied Booth v. Churner, 532 U.S. 731 , 121 S.Ct. 1819 , 149 L.Ed.2d 958 (2001), to his case. See Harper v. Virginia Dep’t of Taxation, 509 U.S. 86, 97 , 113 S.Ct. 2510 , 125 L.Ed.2d 74 (1993) (‘When this Court applies a rule of federal law to the parties before it, that rule is the controlling interpretation of federal law and must be given full retroactive effect in all cases still open on direct re *485 view and as to…