Can a plaintiff's claim under Section 1915 be dismissed as frivolous?
MultiRegion, United States of America
The following excerpt is from Moles v. Saul, Case No.: 1:20-cv-0906- JLT (E.D. Cal. 2020):
A plaintiff's claim is frivolous "when the facts alleged rise to the level of the irrational or the wholly incredible, whether or not there are judicially noticeable facts available to contradict them." Denton v. Hernandez, 504 U.S. 25, 32-33 (1992). Thus, a court may dismiss a complaint as frivolous under Section 1915 based on a relevant statute of limitations where it is obvious from the face of the
Page 2
"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
Does Section 1915(g) of the Civil Code of Civil Procedure prohibit a plaintiff from bringing a claim in federal court where the claim was previously dismissed? (MultiRegion, United States of America)
If Plaintiff fails to replead any of her claims, if the Plaintiff does not replead all of her actions, will the Plaintiff's claims be waived? (MultiRegion, United States of America)
When a federal claim for battery against Watson has been dismissed, can the remaining state law claims be dismissed without prejudice? (MultiRegion, United States of America)
What are the findings of the US Supreme Court in dismissing an action brought by plaintiff Clay, who alleges that the district court erred by dismissing her other claims? (MultiRegion, United States of America)
Does Section 167(4) of the New York State Code of Civil Procedure apply to a plaintiff's claim under Section 167 of the Civil Rights Act? (MultiRegion, United States of America)
What is the appeal from a dismissal of claim against several defendants for alleged fraud arising from the adjudication of a claim for damages allegedly sustained by plaintiff in two industrial accidents? (MultiRegion, United States of America)
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)
Is Dismissal appropriate for a motion to dismiss an action where the claim alleges that the claim is invalid? (MultiRegion, United States of America)
Does Section 1915(g) of the Civil Code of Civil Procedure apply to a claim that was previously dismissed under Section 1915? (MultiRegion, United States of America)
Does plaintiff have been successful in bringing actions while in prison that were dismissed as frivolous, malicious or failure to state a claim? (MultiRegion, United States of America)
