What is the test for dismissing an in forma pauperis complaint before service of process?

MultiRegion, United States of America

The following excerpt is from Bandstra v. Lewis, 936 F.2d 576 (9th Cir. 1991):

1 The district court dismissed the in forma pauperis complaint sua sponte before service of process. We review 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).

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