When will a pro se plaintiff be denied leave to amend her complaint?
MultiRegion, United States of America
The following excerpt is from McDaniel v. United States, No. 2:15-cv-2627-KJM-EFB PS (E.D. Cal. 2017):
In light of the instant complaint's jurisdictional deficiency, as well as plaintiff's history of filing deficient complaints as to her generalized claim of harassment, the court finds that granting leave to amend would be futile. Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir.1987) (While the court ordinarily would permit a pro se plaintiff to amend, leave to amend should not be granted where it appears amendment would be futile).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If plaintiff chooses to amend the complaint, can the court refer to the prior pleading in order to make plaintiff's amended complaint complete? (MultiRegion, United States of America)
Is a plaintiff permitted to amend or amend his complaint to include new, unrelated claims in his second amended complaint? (MultiRegion, United States of America)
If plaintiff decides to file an amended complaint, can the amended complaint supersede the current complaint? (MultiRegion, United States of America)
When a plaintiff files an amended complaint, can the court use the amended complaint to clarify the allegations in the original complaint? (MultiRegion, United States of America)
Does a plaintiff have to amend or amend their complaint when they are dismissed with leave to amend? (MultiRegion, United States of America)
If plaintiff chooses to amend the complaint, is the amended complaint supers supersets the original complaint? (MultiRegion, United States of America)
Does a Plaintiff have to amend or amend his complaint so that the amended complaint supersedes the original? (MultiRegion, United States of America)
Does a court have discretion to deny leave to amend a motion where plaintiff has previously amended the complaint? (MultiRegion, United States of America)
If Plaintiff decides to file an amended complaint, is the amended complaint supersided by the original complaint? (MultiRegion, United States of America)
Can a motion for leave to amend an amended complaint be denied? (MultiRegion, United States of America)
