What is the test for a motion to dismiss a complaint brought by a prisoner against a governmental entity?

MultiRegion, United States of America

The following excerpt is from Brown v. California, No. 2:12-cv-03045 MCE AC P (E.D. Cal. 2014):

The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 1915A(a); Nordstrom v. Ryan, 762 F.3d 903, 908 n.1 (9th Cir. 2014). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. 1915A(b)(1),(2). Plaintiff here seeks non-monetary relief against a governmental entity, so the court need only concern itself with whether the complaint is legally frivolous (there is no indication at this point that it is "malicious"), or fails to state a claim.

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