What is the legal test for dismissing a sua sponte an in forma pauperis complaint before service of process?
MultiRegion, United States of America
The following excerpt is from Matthews v. Giovanoni, 51 F.3d 281 (9th Cir. 1995):
A district court is authorized to dismiss sua sponte an in forma pauperis complaint before service of process if the court is satisfied that the action is frivolous. Id. at 1733. A complaint is frivolous if "it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989).
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