the motion; and resolve all doubts in the pleader's favor. Kenkins v. McKeithen, 395 U.S. 411, 421.  Moreover, pro se pleadings are held to a less stringent standard than those drafted by lawyers.  Haines v. Kerner, 404 U.S. 519, 520 (1972). A motion to dismiss for failure to state a claim should not be granted unless it appears beyond doubt that plaintiff can prove no set of facts in support of his claim that would entitle him to relief.  Conley v. Gibson, 355 U.S. 41, 45-46 (1957); NL Industries, Inc. v. Kaplan, 792 F.2d 896, 898 (9fch Cir. 1986).
However, it is not proper to assume that plaintiff "can prove facts which it has not alleged or that the defendants have violated the . . . laws in ways that have not been alleged." Associated Gen. Contractors of Cal., Inc. v. California State Council of Carpenters, 459 U.S. 519, 526 (1983).  Moreover, the court "need not assume the truth of legal conclusions cast in the form of factual allegations."  United States ex rel. Chunie v. Ringrose, 788 F.2d 638, 643 n.2 (9th Cir. 1986).
B.   Newdow lacks standing to challenge the recitation of a prayer at the inauguration.
1.   Newdow fails to meet the first test for standing because he has not suffered an injury in fact.
Article III, §2 of the United States Constitution limits the jurisdiction of the federal courts to the decision of "cases or controversies."  Federal courts presume the lack of jurisdiction "unless 'the contrary appears affirmatively from the record.'" Renne v. Geary, 501 U.S. 312, 316, 111 S.Ct. 2331, 2336 (1991).
The pleadings and the record must be examined to determine the nature of the dispute and the interests of the parties in
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