The following excerpt is from Wood v. Roberts, 978 F.2d 717 (9th Cir. 1992):
We review de novo the district court's dismissal of a complaint for failure to state a claim. Love v. United States, 915 F.2d 1242, 1245 (9th Cir.1989). We take all allegations of material fact as true and construe them in the light most favorable to the nonmoving party. Id. A complaint should not be dismissed "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Id. (quotations omitted). Moreover, "[a] pro se litigant must be given leave to amend his or her complaint unless it is absolutely clear that the deficiencies of the complaint could not be cured by amendment." Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir.1987) (quotations omitted).
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