Marshall Wells, Texas prisoner # 314821, appeals from the district court’s dismissal of his 42 U.S.C. § 1983 complaint as time-barred pursuant to 28 U.S.C. § 1915A(b)(l). Wells concedes that he previously filed the same complaint against the same defendants and that it was voluntarily dismissed pursuant to his “Notice of Dismissal” filed on August 19, 2003. Wells also concedes that his cause of action arose when he received the final response to his Step Two Grievance in 1999. See Jackson v. Johnson, 950 F.2d 263, 265 (5th Cir. 1992). The applicable statute of limitations is two years. See Hitt v. Connell, 301 F.3d 240, 246 (5th Cir.2002). Wells’s voluntary dismissal of that complaint left him in the same position as if the lawsuit had never been filed. Lambert v. United States, 44 F.3d 296, 298 (5th Cir.1995). Equitable tolling is not warranted in this case because Wells failed to act diligently to preserve his claims. See id. at 299 & n. 1. Wells’s complaint filed in September 2005 was therefore untimely.
AFFIRMED.