The following excerpt is from Espino v. Walgreen Co., No. 2:15-cv-00423-MCE-AC (E.D. Cal. 2016):
9. The court in Espino v. State of California did characterize plaintiff's filings as frivolous when it recommended that his complaint be dismissed without leave to amend. State of California, at *7. It is not clear to the undersigned, however, that the court intended to make a substantive finding of frivolousness.
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