For the purposes of determining whether a plaintiff has a valid claim against a proper defendant, can she proceed with an amended Page 4 Complaint?

For these reasons, the complaint must be dismissed. Plaintiffs will be granted leave to file an amended complaint, if she can allege a cognizable legal theory against a proper defendant and sufficient facts in support of that cognizable legal theory. Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc) (district courts must afford pro se litigants an opportunity to amend to correct any deficiency in their complaints). Should plaintiff choose to file an amended

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