Can a pro se prisoner amend his complaint to allow him to amend it to maintain a cause of action?
MultiRegion, United States of America
The following excerpt is from Smith v. Babcock, 884 F.2d 1395 (9th Cir. 1989):
While I am not persuaded that the complaint in its present form states sufficient facts to maintain a cause of action, I am persuaded that under Eldridge v. Block, 832 F.2d 1132 (9th Cir.1987), it was error to dismiss the suit without having given the pro se prisoner an opportunity, on the record, to amend his complaint to overcome such factual deficiencies.
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