What is the test for dismissing a frivolous complaint?
MultiRegion, United States of America
The following excerpt is from Darrow v. McCarthy, 855 F.2d 860 (9th Cir. 1988):
The district court, relying on the magistrate's recommendations, dismissed the complaint as frivolous under 28 U.S.C. Sec. 1915(d), before service on the defendants. The magistrate relied on Franklin v. Murphy, 745 F.2d 1221 (9th Cir.1984). The district court adopted the magistrate's findings and conclusions "in full" and dismissed the plaintiff's complaint.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss a Motion to Dismiss a Complaint? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss the complaint as "frivolous or malicious"? (MultiRegion, United States of America)
Can a frivolous complaint be dismissed pursuant to Rule 12(b)(6)? (MultiRegion, United States of America)
Can a pro se plaintiff who brings a civil rights action amend his complaint after the court has entered judgment dismissing the original complaint? (MultiRegion, United States of America)
If Plaintiff decides to file an amended complaint, is the amended complaint supersided by the original complaint? (MultiRegion, United States of America)
Does a motion to dismiss a pro se complaint containing only conclusory, vague or general allegations of conspiracy to deprive a person of their constitutional rights withstand dismissal? (MultiRegion, United States of America)
What is the test for dismissing a state's motion to dismiss a federal complaint? (MultiRegion, United States of America)
What is the test for a motion to dismiss an order dismissing the third claim of the complaint? (MultiRegion, United States of America)
When a court dismisses a complaint on the grounds that it fails to state a claim, and then grants leave to amend the complaint, does this constitute a strike? (MultiRegion, United States of America)
