Can a motion to dismiss an action brought by an incompetent plaintiff be dismissed?

The undersigned does not agree. While petitioner does not support his contention well, and the documents respondent provides show petitioner made some improvement and participated in the hearings, there is sufficient information in this case to satisfy the undersigned that petitioner's incompetence was at least a contributor to his untimely challenge. In addition, as respondent points out, there is perhaps another basis for the dismissal of this action.² See Wilson v. Terhune, 319 F.3d 477, 480-81 (9th Cir. 2003). The undersigned therefore finds it appropriate to deny the motion to dismiss, without prejudice to filing a renewed motion to dismiss.