What is the test for dismissing a motion to dismiss a motion against a proper defendant?
MultiRegion, United States of America
The following excerpt is from Bowie v. Stovall, No. CIV S-11-3184 EFB P (E.D. Cal. 2012):
For the reasons stated above, the complaint is dismissed pursuant to 28 U.S.C. 1915A(b). Plaintiff will be granted leave to file an amended complaint, if plaintiff can allege a cognizable legal theory against a proper defendant and sufficient facts in support of that cognizable legal theory. Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc) (district courts must afford pro se litigants an opportunity to amend to correct any deficiency in
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