The following excerpt is from Scott v. California State Lotto, 19 F.3d 1441 (9th Cir. 1994):
The district court, finding that appellant is indigent, granted appellant's request for leave to proceed in forma pauperis. See Franklin v. Murphy, 745 F.2d 1221, 1226-27 n. 5 (9th Cir.1984). The court then found that the complaint was frivolous because the defendants were absolutely immune from suit under the Eleventh Amendment and dismissed the complaint without prejudice pursuant to 28 U.S.C. Sec. 1915(d), permitting appellant to amend his complaint to cure the deficiencies. Upon review of the amended complaint, the district court dismissed the action with prejudice.
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