MEMORANDUM ***

David W. Fernandes appeals pro se from the district court’s judgment dismissing for lack of subject matter jurisdiction his action against the Commissioner of Social Security. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Subia v. Comm’r of Soc. Sec., 264 F.3d 899, 901 (9th Cir. 2001). We affirm.

The district court properly dismissed Fernandes’s action for lack of subject matter jurisdiction because Fernandes, through counsel, withdrew his request for a hearing before an administrative law judge and thus failed to exhaust his administrative remedies, and he failed to allege a colorable constitutional claim. See id. at 902-03.

Fernandes’s remaining contentions are unpersuasive.

AFFIRMED.