Can a motion to amend or amend an order dismissing with prejudice plaintiff's complaint as frivolous?
MultiRegion, United States of America
The following excerpt is from Oregon State v. Allen, 979 F.2d 855 (9th Cir. 1992):
Further, we agree with the conclusion of the district court that no amendment can cure these defects in appellant's complaint. See Eldridge v. Block, 832 F.2d 1132, 1135-36 (9th Cir.1987). We cannot say that the district court abused its discretion in dismissing with prejudice plaintiff's complaint as frivolous under 28 U.S.C. 1915. Accordingly, the order of the district court is affirmed.
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