What is the test for dismissing an in forma pauperis action sua sponte?
MultiRegion, United States of America
The following excerpt is from Dianmontiney v. Daniel, 935 F.2d 273 (9th Cir. 1991):
A district court may dismiss an in forma pauperis action sua sponte if the action is frivolous or malicious. 28 U.S.C. Sec. 1915(d). An action is frivolous if it lacks an arguable basis in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989). If the plaintiff has an arguable claim, he is entitled to issuance and service of process. Jackson, 885 F.2d at 640.
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