Can a frivolous claim be dismissed before the issuance of a summons?
MultiRegion, United States of America
The following excerpt is from Rutledge v. Skibicki, 844 F.2d 792 (9th Cir. 1988):
The district court may sua sponte dismiss a complaint prior to the issuance of a summons if the court clearly lacks subject matter jurisdiction or lacks jurisdiction because the claim is wholly insubstantial and frivolous. Franklin v. State of Oregon, 662 F.2d 1337, 1342-43 (9th Cir.1981). The district court properly found this suit to be frivolous.
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