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Abuse of Discretion Applied to PLRA Frivolous Dismissals
Under 28 U.S.C. § 1915A(b)(1), dismissals for factual frivolousness are
mandatory rather than discretionary, and dismissal is without prejudice.
The statute doesn't say without prejudice, but the implication is clear,
since it applies to all prisoner suits, not just IFP suits. (Under former
law, and under present 28 U.S.C.§ 1915(e)(2)(B)(i), ...
mandatory rather than discretionary, and dismissal is without prejudice.
The statute doesn't say without prejudice, but the implication is clear,
since it applies to all prisoner suits, not just IFP suits. (Under former
law, and under present 28 U.S.C.§ 1915(e)(2)(B)(i), ...
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