Strong

MEMORANDUM AND ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND

The Court is in receipt of Plaintiffs Complaint filed pursuant to 42 U.S.C. § 1983 and Defendants’ motion to dismiss the Complaint. For the reasons discussed below, Defendants’ motion to dismiss is granted and the Complaint is dismissed with leave to amend.

In the Complaint, Plaintiff alleges that prison officials mishandled or destroyed his outgoing legal mail from June to August 2003, in violation of Plaintiffs rights under the First, Fifth, and Fourteenth Amendments. (Complaint, at 5-12.) Plaintiff alleges that he complained to supervisors and that prison officials admitted some wrongdoing. (Id.)

I.

A trial court may dismiss a claim upon motion of the defendants or sua sponte pursuant to Federal Rule of Civil Procedure 12(b)(6) for “failure to state a claim upon which relief can be granted.” See Wong v. Bell, 642 F.2d 359, 361-62 (9th Cir.1981). A complaint can be dismissed for failure to state a claim upon which relief may be granted if it appears beyond doubt that plaintiff can prove no set of facts in support of the claim or claims that would entitle him to relief. See Hishon v. King & Spalding, 467 U.S. 69,…