8 Additionally, Rule 12(b)(6) must be read in conjunction with Rule 8(a), 9 which requires a “short and plain statement of the claim showing that a pleader 10 is entitled to relief,” in order to give the defendant “fair notice of what the claim 11 is and the grounds upon which it rests.” Twombly, 550 U.S. 662, 678 (2009), and that rises “above the speculative level,” 7 Twombly, 550 U.S. to state a claim to relief that is plausible on its face,” Ashcroft 6 v. The claim must be pleaded with “sufficient 5 factual matter. To survive a 2 motion to dismiss, the complaint must allege “more than labels and conclusions, 3 and a formulaic recitation of the elements of a cause of action.” Bell Atl. LEGAL STANDARD 20 A claim should be dismissed under Rule 12(b)(6) of the Federal Rules of 21 Civil Procedure when the plaintiff fails to assert a “cognizable legal theory” or 22 the complaint contains “sufficient facts.
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