Does the court have an obligation to inform Simmons of the deficiencies in his complaint and grant him leave to amend?

MultiRegion, United States of America

The following excerpt is from Simmons v. U.S., 865 F.2d 1271 (9th Cir. 1989):

Further, the district court had no obligation to inform Simmons of the deficiencies in his complaint and grant him leave to amend because the vague and conclusory allegations presented no possibility of stating a claim under any theory. See Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir.1982).

Finally, the trial judge correctly declined to disqualify himself. Simmons' attack on the judge was entirely based on the judge's judicial rulings. Herrington v. County of Sonoma, 834 F.2d 1488, 1502 (9th Cir.1987).

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