What is the test for dismissing a motion for failure to state a claim?
MultiRegion, United States of America
The following excerpt is from Koop v. Rolfs, 129 F.3d 126 (9th Cir. 1997):
A district court should not dismiss for failure to state a claim "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of [the plaintiff's] claims which would entitle [the plaintiff] to relief." Id. Unless amendment of a claim would be futile, a pro se litigant is entitled to notice of his claim's deficiencies and an opportunity to amend the claim prior to dismissal. See Noll v. Carlson, 809 F.2d 1446, 1448-49 (9th Cir.1987).
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