Does a motion for habeas corpus have to be dismissed without leave to amend?

MultiRegion, United States of America

The following excerpt is from Favor v. Williams, Case No. 1:16-cv-01739-LJO-SKO HC (E.D. Cal. 2016):

for habeas corpus should not be dismissed without leave to amend unless it appears that no tenable claim for relief can be pleaded were such leave to be granted. Jarvis v. Nelson, 440 F.2d 13, 14 (9th Cir. 1971).

Other Questions


What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
Is a motion to amend and dismiss an amended complaint without leave to amend? (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 for writ of habeas corpus? (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)
Does the date of the Registrar's decision on a motion of objection to a motion to amend and amend the terms of an application to amend the application? (Canada (Federal), Canada)
Is there any case law supporting a motion to amend the terms of a motion for leave to amend? (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)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
Can a motion to amend a claim be dismissed with leave to amend? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.