What is the test for dismissing a motion for malicious conduct?
California, United States of America
The following excerpt is from Miller v. Bernie, F073153 (Cal. App. 2018):
malicious," or "fails to state a claim on which relief may be granted." (28 U.S.C. 1915(e)(2)(B)(i), (ii).) Dismissal pursuant to the statute does not prevent the litigant from prosecuting the case, but merely requires that the plaintiff pay the filing fee in order to proceed. (Denton v. Hernandez (1992) 504 U.S. 25, 34 (Denton).)7
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