What is the test for dismissing a complaint of a pro se plaintiff?
MultiRegion, United States of America
The following excerpt is from McDaniel v. News, No. 2:17-cv-0683 MCE DB PS (E.D. Cal. 2017):
However, when evaluating the failure to state a claim, the complaint of a pro se plaintiff may be dismissed "only where 'it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.'" Franklin v. Murphy, 745 F.2d 1221,
Page 5
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a plaintiff files an amended complaint, can the court use the amended complaint to clarify the allegations in the original complaint? (MultiRegion, United States of America)
If plaintiff chooses to amend the complaint, is the amended complaint supers supersets the original complaint? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss a Motion to Dismiss a Complaint? (MultiRegion, United States of America)
If plaintiff decides to file an amended complaint, can the amended complaint supersede the current complaint? (MultiRegion, United States of America)
Can a pro se plaintiff who brings a civil rights action amend his complaint after the court has entered judgment dismissing the original complaint? (MultiRegion, United States of America)
If plaintiff chooses to amend the complaint, can the court refer to the prior pleading in order to make plaintiff's amended complaint complete? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
If Plaintiff decides to file an amended complaint, is the amended complaint supersided by the original complaint? (MultiRegion, United States of America)
Is a motion to dismiss an amended complaint brought by a plaintiff who has not had the opportunity to cure the defects in the original complaint? (MultiRegion, United States of America)
If a plaintiff fails to fix his complaint, can a federal court convert dismissal into dismissal of the entire action? (MultiRegion, United States of America)
