What is the test for a dismissal for failure to state a claim pursuant to Rule 12(b)(6)?

MultiRegion, United States of America

The following excerpt is from Anderson v. Angelone, 983 F.2d 1075 (9th Cir. 1993):

We review de novo the district court's dismissal for failure to state a claim pursuant to Rule 12(b)(6). Tanner v. Heise, 879 F.2d 572, 576 (9th Cir.1989). All allegations of material fact in the complaint are taken as true and construed in the light most favorable to the plaintiff. Id. In civil rights cases, where the plaintiff is pro se, the court has an obligation to construe the pleadings liberally and to afford plaintiff any benefit of the doubt. Bretz v. Kelman, 773 F.2d 1026, 1027 n. 1 (9th Cir.1985) (en banc).

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