Gordon D. Nowlin v. County of Ventura

Good Law
892 F.2d 1046·1989 WL 155406·1989 U.S. App. LEXIS 18995
United States Court of Appeals for the Ninth CircuitDecember 14, 198988-5686California478 words

Opinion

Opinion

892 F.2d 1046 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gordon D. NOWLIN, Plaintiff-Appellant, v. COUNTY OF VENTURA, et al., Defendants-Appellees. No. 88-5686. United States Court of Appeals, Ninth Circuit. Submitted Sept. 1, 1989. * Decided Dec. 14, 1989. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 The district court dismissed with leave to amend Nowlin's first complaint, and dismissed with prejudice Nowlin's amended complaint, finding that he would never be able to state a claim under the facts alleged. 3 A pro se litigant such as Nowlin "must be given leave to amend his or her complaint unless it is 'absolutely clear that the deficiencies of the complaint could not be cured by amendment.' " Karim-Panahi v Los Angeles Police Department, 839 F2d 621, 623 (9th Cir1988), quoting Noll v Carlson, 809 F2d 1446, 1448 (9th Cir1987). Moreover, "when a court dismisses a pro se complaint for failure to state a claim, the court should draft a few…

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