as to municipal liability. See Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). The district court properly dismissed Orr’s claim regarding the defective shower slippers because Orr alleged in his amended complaint that he did not exhaust available grievance procedures. Cf. Wyatt v. Terhune, 280 F.3d 1238, 1246 (9th Cir. 2002) (<HOLDING>). The district court properly dismissed without
holding that failure to plead affirmative defense to original complaint does not amount to waiver where defense is raised in response to amended complaint holding that complaint need not anticipate statute of limitations which is an affirmative defense recognizing lack of consideration as an affirmative defense to a release that is valid on its face holding that where plaintiffs claims are timely on the face of the allegations of the complaint a court should strike the affirmative defense of statute of limitations holding that exhaustion is an affirmative defense where the face of the complaint and exhibits thereto do not establish a failure to exhaust