The following excerpt is from Dawson v. Lynch, 423 F.2d 1136 (9th Cir. 1970):
This circuit has made clear that "the preferable procedure," though not the mandatory procedure, for handling an in forma pauperis claim of dubious merit is that followed here by the district court. Brown v. Schneckloth, 421 F.2d 1402 (9 Cir. Jan. 29, 1970). Such a procedure offers the penurious litigant ready access to the courts but enables the courts to dispose promptly of a frivolous or malicious action. The determination of these matters rests within the sound discretion of the district court. Here, appellant and the record supply no persuasive reason why that exercise of discretion should be disturbed.
The order of the district court is affirmed.
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