Can a frivolous complaint be dismissed pursuant to Rule 12(b)(6)?

MultiRegion, United States of America

The following excerpt is from Plumes v. Quinlan, 980 F.2d 738 (9th Cir. 1992):

1 Defendants contend that the district court dismissed the complaint as frivolous pursuant to 28 U.S.C. 1915(d). Under section 1915(d), a frivolous complaint may be dismissed sua sponte prior to service of process. Nietzke v. Williams, 490 U.S. 319, 324 (1989). Here, the record reveals that the defendants were served and filed a motion to dismiss prior to the district court's dismissal. Accordingly, we construe the district court's dismissal as pursuant to Rule 12(b)(6).

Other Questions


What is the test for de novo dismissal of a complaint pursuant to Rule 12(b)(6)? (MultiRegion, United States of America)
What is the test for dismissing a complaint pursuant to Rule 12(b)(6)? (MultiRegion, United States of America)
What is the test for dismissing a complaint pursuant to Rule 12(b)(6)? (MultiRegion, United States of America)
What is the test for appeal from a dismissal of a complaint pursuant to Rule 12(b)(6) de novo? (MultiRegion, United States of America)
What is the test for de novo dismissal of a complaint pursuant to Rule 12(b)(6)? (MultiRegion, United States of America)
What is the test for dismissing a complaint pursuant to Rule 12(b)(6)? (MultiRegion, United States of America)
What is the test for a de novo dismissal of a complaint pursuant to Rule 12(b)(6)? (MultiRegion, United States of America)
What is the test for granting a motion to dismiss a complaint pursuant to Rule 12(b)(1)(1) de novo? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss the complaint as "frivolous or malicious"? (MultiRegion, United States of America)
What is the test for a motion to dismiss a complaint for failure to state a claim pursuant to FRCP 12(b)(6)? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.