What is the test for dismissing a motion for failure to state a claim de novo?

MultiRegion, United States of America

The following excerpt is from Clark v. City of Portland, 86 F.3d 1161 (9th Cir. 1996):

We review a district court's dismissal for failure to state a claim de novo. Sands v. Lewis, 886 F.2d 1166, 1168 (9th Cir.1989). Unless it is absolutely clear that no amendment can cure the defect, a pro se litigant must be given leave to amend the complaint before dismissal. Id. In civil rights actions where the plaintiff appears pro se, the court must construe pleadings liberally and afford the plaintiff the benefit of any doubt. Karim-Panahi v. Los Angeles Police Dep't, 839 F.2d 621, 623 (9th Cir.1988).

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