What is the test for dismissing a case of plaintiff proceeding in forma pauperis?

Under 28 U.S.C. 1915(e), the court is required to dismiss a case of plaintiff proceeding in forma pauperis at any time if the court determines that the action is (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. 1915(e)(2)(B). An action is frivolous if it is "of little weight or importance: having no basis in law or fact" and malicious if it was filed with the "intention or desire to harm another." Andrews v. King, 398 F.3d 1113, 1121 (9th Cir. 2005).

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1. Frivolousness