What is the test for dismissing a civil action brought by a plaintiff who alleges that a constitutional wrong has been committed?

MultiRegion, United States of America

The following excerpt is from Murphy v. Stephan, 877 F.2d 64 (9th Cir. 1989):

The district court found that, based upon facts as asserted in the complaint, no constitutional wrong had been alleged. It stated correctly the standard to be applied to a pro se plaintiff's complaint: such a plaintiff must be given an opportunity to amend his complaint unless it is absolutely clear that the deficiencies of the complaint cannot be cured by amendment. See Stanger v. Santa Cruz, 653 F.2d 1257, 1257-58 (9th Cir.1980). The district court concluded that there was no feasible way to amend the complaint, and dismissed the case pursuant to 28 U.S.C. Sec. 1915(d) as a frivolous claim. Stephan had never filed an answer nor entered an appearance.

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