What is the test for a motion to dismiss a second amended complaint?
MultiRegion, United States of America
The following excerpt is from Crudup v. Pleasant Valley State Prison, No. 2:16-cv-2748 MCE DB P (E.D. Cal. 2019):
The court is persuaded that plaintiff is unable to allege any facts, based upon the circumstances he challenges, that would state a cognizable claim. "A district court may deny leave to amend when amendment would be futile." Hartmann v. CDCR, 707 F.3d 1114, 1130 (9th Cir. 2013). Accordingly, the court will recommend that the second amended complaint be dismissed without leave to amend.
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