After review and oral argument, we affirm the district court’s dismissal of plaintiffs complaint without prejudice because after June 1, 2005 (when the plaintiff was returned to the general prison population), and prior to filing his complaint on October 5, 2005, the plaintiff failed to file an out-of-time grievance as provided for in the written grievance policy. We need not reach any issues regarding the availability of grievances during the time period prior to June 1, 2005 and expressly make no ruling as to whether the district court erred in adopting the procedure followed by the Ninth Circuit in Wyatt v. Terhune, 315 F.3d 1108 (9th Cir. 2003).

AFFIRMED.