What is the test for the purpose of dismissing an action for failure to state a claim upon which relief may be granted?
MultiRegion, United States of America
The following excerpt is from Riels v. Allison, Case No. 1:12-cv-01314-LJO-DLB PC (E.D. Cal. 2013):
not be granted. 28 U.S.C. 1915(e)(2)(B)(ii); Noll v. Carlson, 809 F. 2d 1446, 1448-49 (9th Cir. 1987). Based on the foregoing, it is HEREBY RECOMMENDED that this action be dismissed, with prejudice, for failure to state a claim upon which relief may be granted.
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