Can a motion to amend or amend an order dismissing with prejudice plaintiff's complaint as frivolous?
MultiRegion, United States of America
The following excerpt is from Oregon State v. Allen, 979 F.2d 855 (9th Cir. 1992):
Further, we agree with the conclusion of the district court that no amendment can cure these defects in appellant's complaint. See Eldridge v. Block, 832 F.2d 1132, 1135-36 (9th Cir.1987). We cannot say that the district court abused its discretion in dismissing with prejudice plaintiff's complaint as frivolous under 28 U.S.C. 1915. Accordingly, the order of the district court is affirmed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If plaintiff chooses to amend the complaint, can the court refer to the prior pleading in order to make plaintiff's amended complaint complete? (MultiRegion, United States of America)
What is the test for dismissing a motion to amend or dismiss a motion alleging that the motion contains defects that can be cured by amendment? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss a Motion to Dismiss a Complaint? (MultiRegion, United States of America)
Does a Plaintiff have to amend or amend his complaint so that the amended complaint supersedes the original? (MultiRegion, United States of America)
Is a motion to amend and dismiss an amended complaint without leave to amend? (MultiRegion, United States of America)
Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion? (MultiRegion, United States of America)
Does a district court err in denying a motion to amend a motion where the amended complaint would be subject to dismissal? (MultiRegion, United States of America)
Can Plaintiffs amend their pleadings in a motion to amend after defendants have filed motions to dismiss? (MultiRegion, United States of America)
If Plaintiff decides to file an amended complaint, is the amended complaint supersided by the original complaint? (MultiRegion, United States of America)
What is the effect of an order requiring a plaintiff to amend or amend a claim in a motion to amend? (MultiRegion, United States of America)
