When a court dismisses a complaint on the grounds that it fails to state a claim, and then grants leave to amend the complaint, does this constitute a strike?
MultiRegion, United States of America
The following excerpt is from Chatman v. Diaz, Case No. 1:20-cv-00918-SKO (PC) (E.D. Cal. 2020):
2. When a "court dismisses a complaint on the ground that it fails to state a claim, ... the court grants leave to amend, and ... the plaintiff then fails to file an amended complaint, the dismissal counts as a strike." Harris v. Mangum, 863 F.3d 1133, 1143 (9th Cir. 2017).
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