What is the standard for dismissing an action in which a plaintiff proceeds in forma pauperis?

MultiRegion, United States of America

The following excerpt is from Cyprian v. Cross, No. 2:19-cv-1925-EFB P (E.D. Cal. 2020):

This standard is echoed in 28 U.S.C. 1915(e)(2), which requires that courts dismiss a case in which a plaintiff proceeds in forma pauperis at any time if it determines, among other things, that the action "is frivolous or malicious," "fails to state a claim on which relief may be granted," or "seeks monetary relief against a defendant who is immune from such relief." "[The] term 'frivolous,' when applied to a complaint, embraces not only the inarguable legal conclusion, but also the fanciful factual allegation." Neitzke v. Williams, 490 U.S. 319, 325 (1989) (discussing the predecessor to modern 1915(e)(2), former 1915(d)). Thus, 1915(e)(2) allows judges to dismiss a claim based on factual allegations that are clearly baseless, such as facts describing "fantastic or delusional scenarios." Id. at 327-38.

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