What is the test for a motion for failure to state a claim?
MultiRegion, United States of America
The following excerpt is from Sherman v. City of Davis, No. CIV S- 11-0820 JAM GGH PS (E.D. Cal. 2012):
Defendant brings the instant motion for failure to state a claim based on 92 claims that are barred by the statute of limitations, and because the remaining 14 claims are either barred by Heck v. Humphrey or fail to state a claim.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
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)
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)
Is a federal claim enforceable if the trial court dismissed the motion for failure to state the claim? (MultiRegion, United States of America)
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)
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)
What is the test for a motion to intervene in a motion of dismissal for failure to state a claim de novo? (MultiRegion, United States of America)
Can a federal court dismiss a motion for failure to state a claim de novo? (MultiRegion, United States of America)
What is the test for a motion to dismiss for failure to state a claim? (MultiRegion, United States of America)
What is the test for a motion to dismiss for failure to state a claim? (MultiRegion, United States of America)
What is the test for a motion to dismiss for failure to state a claim? (MultiRegion, United States of America)
