Is a motion to dismiss an amended complaint brought by a plaintiff who has not had the opportunity to cure the defects in the original complaint?
MultiRegion, United States of America
The following excerpt is from Hallett v. Am. River Coll., No. 2:14-cv-1002-JAM-EFB PS (E.D. Cal. 2015):
Here, plaintiff has not had the opportunity to cure the defects in his complaint. His amended complaint again fails to state any specific causes of action or any facts in support of those causes of action, and he has not specifically alleged any basis for this court's jurisdiction. Because it appears that further amendment would be futile, the amended complaint should be dismissed without leave to amend. Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987) (while
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