What is the test for making a motion to dismiss or amend a complaint alleging that a party engaged in a fraudulent activity to deprive plaintiff of a constitutional right?

Plaintiff will be given the opportunity to amend his complaint. The court will dismiss the instant complaint without prejudice, and if plaintiff chooses to amend, the newly filed complaint will take its place. See Lacey v. Maricopa Cty., 693 F.3d 896, 925 (9th Cir. 2012) (stating amended complaint supersedes original complaint). Any amended complaint filed should observe the following:

An amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right. Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978) (a person subjects another to the deprivation of a constitutional right if he does an act, participates in another's act or omits to perform an act he is legally required to do that causes the alleged deprivation).