The following excerpt is from McClellan v. Johnson, Case No. 1:19-cv-00015-JDP (E.D. Cal. 2019):
We have screened plaintiff's complaint and find that it fails to state a cognizable claim. Given the nature of his allegations, amendment would be futile. See Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987) (holding that pro se litigant is entitled to notice of the deficiencies in the complaint and an opportunity to amend, unless the complaint's deficiencies could not be cured by amendment). Accordingly, we recommend that the complaint be dismissed without prejudice to filing in state court.
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