The following excerpt is from Franco v. United States Dep't of the Interior, NO. CIV S-09-1072 KJM-KJN (E.D. Cal. 2012):
In making this context-specific evaluation, this court must construe the complaint in the light most favorable to the plaintiff and accept as true the factual allegations of the complaint. Erickson v. Pardus, 551 U.S. 89, 93-94 (2007). This rule does not apply to "'a legal
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