The following excerpt is from Shwarz v. USA, 234 F.3d 428 (9th Cir. 2000):
A dismissal for failure to state a claim for which relief can be granted, pursuant to Rule 12(b)(6), is reviewed de novo. See Two Rivers v. Lewis, 174 F.3d 987, 991 (9th Cir. 1999).
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