What is the test for a motion to dismiss a complaint brought by a prisoner against a governmental entity or officer or employee of the governmental entity?

MultiRegion, United States of America

The following excerpt is from Blackwell v. Jenkins, No. 2:19-cv-0442 TLN DB P (E.D. Cal. 2019):

The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally frivolous, malicious, fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. 1915A(b)(1), (2); 28 U.S.C. 1915(e)(2) (B)(i)-(iii). A complaint will be dismissed if it lacks a cognizable legal theory or fails to allege sufficient facts to state a claim under a cognizable legal theory. See Balisteri v. Pacific Police Dept., 901 F.2d 696, 699 (9th Cir. 1990).

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