What is the test for a motion to dismiss a claim for relief in a medical malpractice case?

MultiRegion, United States of America

The following excerpt is from Randall v. Arnold, No. 2:15-cv-1711-EFB P (E.D. Cal. 2016):

Plaintiff does not identify any specific claims for relief, and the court cannot identify any cognizable claims for purposes of 1915A screening. Although the Federal Rules adopt a flexible pleading policy, a complaint must give fair notice and state the elements of the claim plainly and succinctly. Jones v. Community Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984). Plaintiff must allege with at least some degree of particularity overt acts which defendants engaged in that support plaintiff's claim. Id. Because plaintiff fails to state a claim for relief, the complaint must be dismissed.

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