What is the test for dismissing a civil action against a defendant who is also a defendant in a civil case?
MultiRegion, United States of America
The following excerpt is from Ruiz v. Curry, 1:17-cv-01407-DAD-SKO (PC) (E.D. Cal. 2019):
frivolous, malicious, fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. 1915A(b)(1),(2); 28 U.S.C. 1915(e)(2)(B)(i)-(iii). A complaint must be dismissed if it lacks a cognizable legal theory or fails to allege sufficient facts under a cognizable legal theory. See Balistreri v. Pacifica Police Department, 901 F.2d 696, 699 (9th Cir. 1990).
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