What is the test for a motion to dismiss a pro se complaint?
The following excerpt is from Adams v. Vt. Office of Child Support ex rel. Vermont, No. 17-31-cv (2nd Cir. 2017):
Adams also argues she should have been granted leave to amend her complaint. A district court generally should not dismiss a pro se complaint without permitting at least one opportunity to amend, unless amendment would be futile. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). Here, amendment would be futile. Adams has filed several unsuccessful federal lawsuits seeking substantially the same relief as she seeks in this case. Nothing in Adams's brief indicates that amendment could cure the deficiencies in the complaint.
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