Is a motion brought against defendant Cox for failure to state a claim before the entire action is dismissed?
MultiRegion, United States of America
The following excerpt is from Davis v. Reames, No. 2:15-CV-2027-JAM-CMK-P (E.D. Cal. 2018):
Because it does not appear possible that the deficiencies identified herein can be cured by amending the complaint, plaintiff is not entitled to leave to amend prior to dismissal of the entire action. See Lopez v. Smith, 203 F.3d 1122, 1126, 1131 (9th Cir. 2000) (en banc).
Based on the foregoing, the undersigned recommends that defendant Cox be dismissed for failure to state a claim.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant in a civil action be denied in forma pauperis status if he has previously had at least six prior actions dismissed as frivolous, malicious, or for failure to state a claim? (MultiRegion, United States of America)
When will a motion to dismiss a claim for failure to state a cause of action be dismissed? ("New York", United States of America)
What is the test for a motion to dismiss an action for failure to state a claim? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
What is the test for a motion to intervene in a motion of dismissal for failure to state a claim de novo? (MultiRegion, United States of America)
Is a federal claim enforceable if the trial court dismissed the motion for failure to state the claim? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss for failure to state a claim? (MultiRegion, United States of America)
Is Dismissal appropriate for a motion to dismiss an action where the claim alleges that the claim is invalid? (MultiRegion, United States of America)
What is the test for a motion to dismiss an action for failure to state a cognizable claim? (MultiRegion, United States of America)
What is the test for a motion to dismiss an action brought by a plaintiff who failed to state a cognizable claim for relief? (MultiRegion, United States of America)
