The following excerpt is from Zelhofer v. Metro. Life Ins. Co., No. 2:16-cv-00773 TLN AC (E.D. Cal. 2017):
Moreover, pro se pleadings are held to a less stringent standard than those drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520 (1972). A motion to dismiss for failure to state a claim should not be granted unless it appears beyond doubt that plaintiff can prove no set of facts in support of the claim that would entitle him to relief. See Cook v. Brewer, 637 F.3d 1002, 1004 (9th Cir. 2011).
The same standards apply where, as here, defendant moves to dismiss based upon the affirmative defense of untimeliness.1
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