What is the test for dismissing an action for failure to state any claims under section 1983?
MultiRegion, United States of America
The following excerpt is from MESSERLI v. North KERN State PRISON WARDEN MAURICE JUNIOUS, CASE NO. 1:11-cv-00291-SKO PC (E.D. Cal. 2011):
F.3d 1122, 1130 (9th Cir. 2000); Noll v. Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987). Accordingly, it is HEREBY ORDERED that:
1.This action is dismissed, with prejudice, for failure to state any claims under section 1983;and
2.This dismissal shall count as a strike pursuant to 28 U.S.C. 1915(g).
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