What is the standard for dismissing a frivolous claim?
MultiRegion, United States of America
The following excerpt is from Garcia v. Cambra, 145 F.3d 1337 (9th Cir. 1998):
1 Because the district court did not state whether these claims were dismissed as frivolous or for failure to state a claim, the standard is either abuse of discretion, see Trimble v. City of Santa Rosa, 49 F.3d 583, 585 (9th Cir.1995), or de novo, see Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994) (per curiam). Under either standard, the district court did not err.
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