What are the legal requirements for a pro se pleading in a motion to dismiss a motion for failure to state a claim?

MultiRegion, United States of America

The following excerpt is from Viramontes v. Pfizer, Inc., No. 2:15-cv-1754 TLN AC (PS) (E.D. Cal. 2015):

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).

These same standards apply when defendant moves to dismiss based upon an affirmative defense.1

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