What is the test for a plaintiff to amend or amend their complaint?
MultiRegion, United States of America
The following excerpt is from Nagelmaker v. Pomozal, No. 2:12-cv-1924 EFB P (E.D. Cal. 2012):
Should plaintiff choose to file an amended complaint, the amended complaint shall clearly set forth the claims and allegations against each defendant. It must also allege a cognizable legal theory against a proper defendant and sufficient facts in support of that cognizable legal theory. Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc) (district courts must afford pro se litigants an opportunity to amend to correct any deficiency in their complaints).
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