MEMORANDUM**

Gilbert E. Garcia appeals pro se the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 action alleging that prison officials acted with deliberate indifference to his serious medical needs. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo dismissals under 28 U.S.C. § 1915(e), Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order), and we affirm.

The district court properly dismissed Garcia’s action because he conceded in his *350complaint that he had not exhausted all available prison grievance procedures as required by 42 U.S.C. § 1997e(a). See Wyatt v. Terhune, 315 F.3d 1108, 1120-21 (9th Cir. 2003) (district court may dismiss complaint based upon inmate’s concession that he failed to exhaust).

We deny Garcia’s request for appointment of counsel.

AFFIRMED.