What is the test for dismissing a complaint sua sponte before service of process?
MultiRegion, United States of America
The following excerpt is from O'Neal v. Williams, 902 F.2d 1579 (9th Cir. 1990):
1 The district court dismissed the complaint sua sponte before service of process. We interpret this dismissal as a dismissal under 28 U.S.C. Sec. 1915(d). See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989).
2 O'Neal's motion for an extension of time to prepare additional citations is denied as moot.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal test for dismissing a sua sponte an in forma pauperis complaint before service of process? (MultiRegion, United States of America)
What is the test for dismissing an in forma pauperis complaint sua sponte before service of process? (MultiRegion, United States of America)
Can a motion to dismiss a civil rights action be dismissed before service of process is completed? (MultiRegion, United States of America)
What is the test for dismissing an in forma pauperis complaint before service of process? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss a Motion to Dismiss a Complaint? (MultiRegion, United States of America)
In a forma pauperis case, can a frivolous complaint be dismissed before service of process? (MultiRegion, United States of America)
What is the test for dismissing an action sua sponte before service of process? (MultiRegion, United States of America)
Is a dismissal for insufficient service of process an abuse of discretion? (MultiRegion, United States of America)
When a court dismisses a complaint on the grounds that it fails to state a claim, and then grants leave to amend the complaint, does this constitute a strike? (MultiRegion, United States of America)
