Federal inmate Michael Duane Marlin appeals the district court’s 1 adverse grant of summary judgment in his action brought under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcot *504 ics, 408 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). Having carefully reviewed the record and considered Marlin’s arguments, we find no basis for reversal. See Popoalii v. Corr. Med. Servs., 512 F.3d 488, 499 (8th Cir. 2008) (standard of review). However, the claims against defendant E. Taylor arose from alleged failures that occurred shortly before the instant lawsuit was filed, and thus Marlin could not have administratively exhausted those claims before filing suit and dismissal was required. See Johnson v. Jones, 340 F.3d 624, 626-28 (8th Cir. 2003). Accordingly, we affirm, but we revise the dismissal of the claims against defendant Taylor to be without prejudice. See 8th Cir. R. 47B. We also deny Marlin’s motion for appointment of counsel.