United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 00-1928 ___________

John P. Ponder, * * Appellant, * * v. * Appeal from the United States * District Court for the Wackenhut Correctional Corporation; * Eastern District of Arkansas. Scott Grimes Unit, Correctional * Facility; Roosevelt Franklin, Jr., * [UNPUBLISHED] Correctional Officer, Captain; Larry * Clark, Correctional Officer; Shane * Rogers, Correctional Officer, * Lieutenant; Manscow, Correctional * Officer, * * Appellees. * ___________

Submitted: August 23, 2000 Filed: August 31, 2000 ___________

Before BEAM, FAGG, and LOKEN, Circuit Judges. ___________

PER CURIAM. John Ponder, an Arkansas prisoner, appeals from the district court’s1 dismissal of his 42 U.S.C. § 1983 complaint, without prejudice and prior to service, for failure to exhaust administrative remedies as required under 42 U.S.C. § 1997e(a). Having carefully reviewed the record, we affirm. See 8th Cir. R. 47B. We deny Ponder’s motion for appointment of counsel.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

1 The Honorable George Howard, Jr., United States District Judge for the Eastern District of Arkansas. -2-