Is a complaint filed in forma pauperis subject to mandatory review and sua sponte dismissal?

MultiRegion, United States of America

The following excerpt is from Dale v. U.S. Dep't of Educ., CASE NO. 15cv0771-WQH-DHB (S.D. Cal. 2015):

A complaint filed by any person proceeding in forma pauperis pursuant to 28 U.S.C. 1915(a) is also subject to mandatory review and sua sponte dismissal to the extent it "is frivolous or malicious; fails to state a claim on which relief may be granted; or seeks monetary relief from a defendant who is immune from such relief." 28 U.S.C. 1915(e)(2)(B)(i)-(iii); see also Lopez v. Smith, 203 F.3d 1122, 1126 (9th Cir. 2000)

Page 3

(en banc).

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