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Fifth Circuit Discusses Appellate Review of 28 U.S.C. § 1915 Dismissals

Dismissals under 28 U.S.C. § 1915(e)(2)(B)(1) are governed by abuse of discretion standard At 940: "In determining whether a district court abused its discretion, we consider factors such as 'whether (1) the plaintiff is proceeding pro se, (2) the court inappropriately resolved genuine issues of disputed fact, (3) the court applied erroneous legal conclusions, (4) the court has provided a statement of reasons which facilitates "intelligent appellate review," and (5) any factual frivolousness could have been remedied through a more specific pleading'" (1992 citation omitted) This is not a new holding or an interpretation of the PLRA, but it is a useful indication that prior law survives the PLRA See: Humphries v. Various Federal USINS Employees, 164 F.3d 936 (5th Cir. 1999).

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Related legal case

Humphries v. Various Federal USINS Employees