Neighbors

MEMORANDUM **

California state prisoner Kenneth Allen Neighbors appeals pro se from the district court’s judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging due process violations and retaliation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003) (failure to exhaust); Barnett v. Centoni 31 F.3d 813, 815, 816 (9th Cir.1994) (per curiam) (summary judgment), and we affirm.

The district court properly dismissed the claims against the majority of the defendants without prejudice because Neighbors failed to exhaust administrative remedies. See Booth v. Churner, 532 U.S. 731, 741 , 121 S.Ct. 1819 , 149 L.Ed.2d 958 (2001); Wyatt v. Terhune, 315 F.3d 1108, 1119 (9th Cir.2003). Moreover, Neighbors’ contention that Booth v. Churner does not apply retroactively to his action lacks merit. See Harper v. Va. Dep’t of Taxation, 509 U.S. 86, 96 , 113 S.Ct. 2510 , 125 L.Ed.2d 74 (1993) (“[A] rule of federal law, once announced and applied to the parties to the controversy, must be given full retroactive effect by all courts adjudicating federal law”).

The district court properly determined Neighbors failed to…