In a forma pauperis case, can a frivolous complaint be dismissed before service of process?
MultiRegion, United States of America
The following excerpt is from Kukes v. Blease, 1 F.3d 1246 (9th Cir. 1993):
In forma pauperis complaints that are frivolous may be dismissed before service of process under 28 U.S.C. Sec. 1915(d). Neitzke v. Williams, 490 U.S. 319, 324 (1989). A complaint is frivolous "where it lacks an arguable basis in law or fact." Id. at 325.
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