The following excerpt is from J'Weial v. Cnty. of Amador, No. 2:17-cv-1937 MCE AC P (E.D. Cal. 2018):
If plaintiff chooses to file an amended complaint, this case will be kept open and the amended complaint will be filed under the current case number. Plaintiff is advised that if an amended complaint includes any recently exhausted claims that were also included in the original complaint before they were exhausted, those claims will be subject to dismissal. See 42 U.S.C. 1997e(a); McKinney v. Carey, 311 F.3d 1198, 1199-200 (9th Cir. 2002) (administrative remedies must be exhausted before filing suit, and failure to do so, unless administrative remedies were unavailable, requires dismissal of the unexhausted claims without prejudice).
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