What is the test for dismissing a complaint that fails to state a claim upon which relief may be granted?
The following excerpt is from Romero v. Spearman, No. 2:18-cv-1590 AC P (E.D. Cal. 2020):
Because the complaint fails to state a claim upon which relief may be granted, it is subject to dismissal under 28 U.S.C. 1915A(b). Rather than recommending dismissal at this juncture, however, the undersigned will grant plaintiff leave to amend the complaint. If plaintiff chooses to file an amended complaint, it will take the place of the original complaint. See Lacey v. Maricopa Cty., 693 F.3d 896, 925 (9th Cir. 2012) (amended complaint supersedes original). Any amended complaint should observe the following:
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