Md. Code, Courts and Judicial Proceedings § 5-1004
This is the official text of Md. Code, Courts and Judicial Proceedings § 5-1004, part of Maryland’s Code, Courts and Judicial Proceedings — governs court structure and civil procedure.
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§5–1004.
Official statutory text
(a) Prior to service of process of the prisoner’s civil action, the court shall review the prisoner’s initial complaint and identify any cognizable claims.
(b) After reviewing the prisoner’s complaint, the court may dismiss the civil action, or any portion thereof, with or without prejudice, if it finds that the civil action:
(1) Is frivolous, malicious, or fails to state a claim for which relief can be granted;
(2) Seeks monetary damages from a defendant who is immune from such relief; or
(3) Is barred under § 5-1003(a) of this subtitle.
(c) An order of dismissal under subsection (b)(1) or (2) of this section may be issued without first requiring proof of exhaustion.
(b) After reviewing the prisoner’s complaint, the court may dismiss the civil action, or any portion thereof, with or without prejudice, if it finds that the civil action:
(1) Is frivolous, malicious, or fails to state a claim for which relief can be granted;
(2) Seeks monetary damages from a defendant who is immune from such relief; or
(3) Is barred under § 5-1003(a) of this subtitle.
(c) An order of dismissal under subsection (b)(1) or (2) of this section may be issued without first requiring proof of exhaustion.
Status: in_force · Read it on the official government site
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