What is the test for dismissing a pro se complaint for failing to state a claim?

MultiRegion, United States of America

The following excerpt is from Scanlan v. Tran, Case No.: 1:15-cv-00282 - LJO - JLT (E.D. Cal. 2015):

Plaintiff will be given one opportunity to file an amended complaint curing the deficiencies identified in this order. See Noll v. Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987) ("A pro se litigant must be given leave to amend his or her complaint unless it is absolutely clear that the deficiencies of the complaint could not be cured by amendment"); see also Lopez, 203 F.3d at 1128 (dismissal of a pro se complaint for failure to state a claim is proper only where it is obvious that the plaintiff cannot prevail on the facts that he has alleged and that an opportunity to amend would be futile). The amended complaint must bear the docket number assigned this case and must be labeled "First Amended Complaint."

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