Is a motion to amend and dismiss an amended complaint without leave to amend?

MultiRegion, United States of America

The following excerpt is from Capogreco v. High Desert State Prison, No. 2:11-cv-3218 MCE EFB P (E.D. Cal. 2012):

Despite an opportunity to amend, plaintiff appears to be unable to state a cognizable claim for relief, and further leave to amend appears futile. Accordingly, the court should dismiss the amended complaint without leave to amend. Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) ("Under Ninth Circuit case law, district courts are only required to grant leave to amend if a complaint can possibly be saved. Courts are not required to grant leave to amend if a complaint lacks merit entirely.").

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