The following excerpt is from Rivera v. Walburn, No. 2:19-cv-0622 WBS CKD P (E.D. Cal. 2020):
1. Pursuant to Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir. 2003), dismissal of a claim without prejudice is the proper remedy when a district court concludes a prisoner has not exhausted administrative remedies as to the claim.
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