The following excerpt is from Simmons v. Sumner, 923 F.2d 863 (9th Cir. 1990):
We review a district court's dismissal of an action for failure to state a claim upon which relief can be granted de novo. Rothman v. Vedder Park Mgt., 912 F.2d 315, 316 (9th Cir.1990). In doing so,
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