What are the consequences of failure to state a claim for relief under Section 1983?

MultiRegion, United States of America

The following excerpt is from Hamilton v. N.K.S.P., 1:11-cv-01298-LJO-GSA-PC (E.D. Cal. 2013):

Therefore, IT IS HEREBY RECOMMENDED that pursuant to 28 U.S.C. 1915A and 28 U.S.C. 1915(e), this action be dismissed with prejudice for failure to state a claim upon which relief may be granted under 1983, and that this dismissal be subject to the "three-strikes" provision set forth in 28 U.S.C. 1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098 (9th Cir. 2011).

Other Questions


What is the test for dismissing an action for failure to state a claim upon which relief may be granted under Section 1983? (MultiRegion, United States of America)
Can a federal court grant relief under Section 2254 or Section 2255 of the US Constitution for the purposes of habeas corpus relief on the basis that evidence obtained in an unconstitutional search or seizure was introduced at a state or federal trial? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
Does a claim for pauperis qualify as frivolous, malicious or for failure to state a claim upon which relief may be granted? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
What are the consequences of a failure to state a claim under Section 10(b) of the Securities and Exchange Act? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
What is the test for dismissing a complaint for failure to state a claim upon which relief may be granted? (MultiRegion, United States of America)
When will the availability of remedial relief in a state court act as a bar to federal relief under Section 1983 of the Civil Rights Act? (MultiRegion, United States of America)
Does Section 167(4) of the New York State Code of Civil Procedure apply to a plaintiff's claim under Section 167 of the Civil Rights Act? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.