What is the test for dismissing a complaint or portion of the complaint?

MultiRegion, United States of America

The following excerpt is from Martinez v. Toor, Case No. 1:17-cv-00319-JLT (PC) (E.D. Cal. 2018):

Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 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). If an action is dismissed on one of these three bases, a strike is imposed per 28 U.S.C. 1915(g). An inmate who has had three or more prior actions or appeals dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be granted, and has not alleged imminent danger of serious physical injury does not qualify to proceed in forma pauperis. See 28 U.S.C. 1915(g); Richey v. Dahne, 807 F.3d 1201, 1208 (9th Cir. 2015).

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