What is the test for a complaint filed by a plaintiff proceeding in forma pauperis?

MultiRegion, United States of America

The following excerpt is from Mimms v. California, Case No. 17-cv-00507-BAS-KSC (S.D. Cal. 2017):

A complaint filed by a plaintiff proceeding in forma pauperis is subject to screening under 28 U.S.C. 1915(e)(2). Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001) (per curiam). This provision requires the court to review the complaint and dismiss the action if it: "(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. 1915(e)(2).

To determine whether the action must be dismissed under the second grounda failure to state a claimthe court applies "the familiar standard of Federal Rule of Civil Procedure 12(b)(6)." Rosati v. Igbinoso, 791 F.3d 1037, 1039 (9th Cir. 2015).

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