What is the test for failure to state a claim in a civil action?

The complaint suffers from a number of fatal defects. First, plaintiff does not name any individual defendant who is alleged to be a government official. Because the private parties named in the complaint did not act under color of state law, plaintiff has not stated a cognizable 1983 claim against them. See Price v. Hawai'i, 939 F.2d 702 (1991). Next, plaintiff does not allege an actual injury - such as prejudice with respect to contemplated or existing litigation, the inability to meet a filing deadline, or inability present a non-frivolous claim - in regard to his claim that unnamed jail officials improperly handled his legal mail. See id.; see also Phillips v. Hust, 477 F.3d 1070, 1075 (9th Cir. 2007). Finally, with respect to plaintiff's third claim, plaintiff does not allege any violation of his constitutional or statutory rights.

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Because it does not appear possible that the deficiencies identified herein can be cured by amending the complaint, plaintiff is not entitled to leave to amend prior to dismissal of the entire action. See Lopez v. Smith, 203 F.3d 1122, 1126, 1131 (9th Cir. 2000) (en banc). Plaintiff shall show cause in writing, within 30 days of the date of this order, why this action should not be dismissed for failure to state a claim. Plaintiff is warned that failure to respond to this order may result in dismissal of the action for the reasons outlined above, as well as for failure to prosecute and comply with court rules and orders. See Local Rule 110.