What is the test for a motion to dismiss an action for failure to state a cognizable claim?
MultiRegion, United States of America
The following excerpt is from Lucas v. Tartaglia, Case No.: 1:12-cv-01804-SAB (PC) (E.D. Cal. 2013):
Based on the foregoing, it is HEREBY ORDERED that the instant action is dismissed, without leave to amend, for failure to state a cognizable claim. This dismissal is subject to the "three-strikes" provision set forth in 28 U.S.C. 1915(g). Silva v. Di Vittorio, 658 F.3d 1090, 1098-99 (9th Cir. 2011).
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