What is the test for dismissing a motion for habeas corpus?
MultiRegion, United States of America
The following excerpt is from Meza v. California, Case No.: 1:16-cv-01296-JLT (HC) (E.D. Cal. 2016):
habeas corpus, either on its own motion under Rule 4, pursuant to the respondent's motion to dismiss, or after an answer to the petition has been filed. A petition for habeas corpus should not be dismissed without leave to amend unless it appears that no tenable claim for relief can be pleaded were such leave granted. Jarvis v. Nelson, 440 F.2d 13, 14 (9th Cir. 1971).
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