The following excerpt is from Black v. U.S., 28 F.3d 104 (9th Cir. 1994):
We review for an abuse of discretion the district court's determination that a claim is frivolous. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). A frivolous claim is one which lacks an arguable basis in either law or fact. Id. at 1733.
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