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

MultiRegion, United States of America

The following excerpt is from Dejohn v. U.S. Dep't of Agric., Case No.: 1:17-cv-01644 - DAD-JLT (E.D. Cal. 2018):

should be applied in this case. See Noll v. Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987); see also Lopez, 203 F.3d at 1128 (dismissal of a pro se complaint without leave to amend for failure to state a claim is proper only where it is obvious that an opportunity to amend would be futile).

Other Questions


In what circumstances will a federal court dismiss a complaint for failure to state an equal protection claim? (MultiRegion, United States of America)
What is the test for a motion to dismiss a complaint for failure to state a claim pursuant to FRCP 12(b)(6)? (MultiRegion, United States of America)
What is the test for a motion to dismiss a complaint for failure to state a claim upon which relief can be granted? (MultiRegion, United States of America)
What is the test for a de novo review to a dismissal of a complaint for failure to state a claim? (MultiRegion, United States of America)
What is the legal test for dismissal of a complaint for failure to state a claim? (MultiRegion, United States of America)
When a court dismisses a complaint on the grounds that it fails to state a claim, and then grants leave to amend the complaint, does this constitute a strike? (MultiRegion, United States of America)
What is the test for dismissing a complaint for failure to state a claim? (MultiRegion, United States of America)
What is the test for dismissing a complaint for failure to state a claim de novo? (MultiRegion, United States of America)
What is the test for dismissing a complaint for failure to state a claim de novo? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss for failure to state a claim? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.