What is the test for dismissing an action sua sponte before service of process?
MultiRegion, United States of America
The following excerpt is from Robbins v. Lewis, 24 F.3d 248 (9th Cir. 1994):
The district court may dismiss an action sua sponte before service of process if the action is frivolous. 28 U.S.C. Sec. 1915(d); Neitzke v. Williams, 490 U.S. 319, 324 (1989). An action is frivolous if it lacks an arguable basis either in law or in fact. Id. at 325.
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