What is the test for dismissing an in forma pauperis complaint sua sponte before service of process?

MultiRegion, United States of America

The following excerpt is from Morrow v. Gaspar, 909 F.2d 1489 (9th Cir. 1990):

1 The district court dismissed the in forma pauperis complaint sua sponte before service of process. We interpret this dismissal as a dismissal under 28 U.S.C. Sec. 1915(d). See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989).

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