What is the test for dismissing an action for failure to state a claim upon which relief may be granted under Section 1983?
MultiRegion, United States of America
The following excerpt is from Steele v. Enenmoh, 1:11-cv-01578-LJO-GSA-PC (E.D. Cal. 2015):
Therefore, IT IS HEREBY RECOMMENDED that pursuant to 28 U.S.C. 1915A, this action be dismissed with prejudice for failure to state a claim upon which relief may be granted under 1983, and that this dismissal be subject to the "three-strikes" provision set forth in 28 U.S.C. 1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098 (9th Cir. 2011).
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