(9th Cir.2003) (<HOLDING>).' Amara’s remaining contentions are
holding that proper remedy for failure to exhaust is dismissal of the claim without prejudice recognizing that dismissal may be proper where plaintiff concedes the failure to exhaust holding that dismissal of a pro se complaint for failure to state a claim should generally be without prejudice but if the plaintiff has been given an opportunity amend his complaint and fails to do so the dismissal may be with prejudice holding dismissal with prejudice is appropriate remedy for failure to timely file undertaking holding that a review committee of the kansas board for discipline of attorneys had the authority to dismiss a complaint against an attorney with or without prejudice and when dismissal was ordered without specifying the nature of the dismissal the dismissal was without prejudice to the filing of later proceedings on the same matter