· 9/28/2023
Banco Popular De Puerto Rico v. Santiago Santos, Elias
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that dismissal under Sec. 1915(d) is appropriate where affidavits supporting amended complaint indicated that the initial complaint was factually frivolous
- holding that under a prior version of § 1915, “if it appears that frivolous factual allegations could be remedied through more specific pleading, a court of appeals reviewing a § 1915(d
- holding that an abuse of discretion standard of review applies to a federal district court's determination that an indigent defendant's lawsuit is frivolous under 28 U.S.C. § 1915(d)
- holding that “finding of factual frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible”
- holding that claims are frivolous under section 1915 when they are “clearly baseless, a category encompassing allegations that are fanciful, fantastic, and delusional” (cleaned up)
- holding that dismissal for frivolousness under former section 1915(d) does not necessarily preclude refiling after payment of fee
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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