Does a pro se plaintiff have to amend or amend a pleading before a motion is dismissed?
MultiRegion, United States of America
The following excerpt is from Campos v. Fed. Home Loan Servs. Corp., No. 2:13-cv-494-MCE-EFB PS (E.D. Cal. 2014):
The court is mindful of the plaintiffs' pro se status. Pro se pleadings are held to a less stringent standard than those drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520-21 (1972). Unless it is clear that no amendment can cure its defects, a pro se litigant is entitled to notice and an opportunity to amend the complaint before dismissal. Lopez v. Smith, 203 F.3d 1122, 1127-28
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