Duane Belanus v. Phil Clark

I agree with much of what the majority says. I specifically agree with parts I, II and III of the majority opinion. The parts with which I do not entirely agree are IV, V and VI.

A. As to part IV, I think it is fair to assume that we all agree that “[a] district *1031court should not dismiss a pro se complaint without leave to amend unless ‘it is absolutely clear that the deficiencies of the complaint could not be cured by amendment.’ ” Akhtar v. Mesa, 698 F.3d 1202, 1212 (9th Cir.2012); see also Wilhelm v. Rotman, 680 F.3d 1113, 1121 (9th Cir.2012).

So where do I diverge from my colleagues? Well,…