Henry Benitez v. D. Wolff, J. Kihl

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Sua sponte dismissal of a pro se complaint prior to service of process is a ‘draconian device’... which is warranted only when the complaint ‘lacks an arguable basis either in law or in fact.”’
• “Sua sponte dismissal of a pro se complaint prior to service of process is a draconian device which is warranted only when the complaint lacks an arguable basis either in law or in fact [or is] frivolous on its face or wholly insubstantial.” (citations omitted)
• “Sua sponte dismissal of a pro se complaint prior to service of process is a draconian device which is warranted only when the complaint lacks an arguable basis either in law or in fact [or is] frivolous on its face or wholly insubstantial.” (citations omitted)

Source: CourtListener parenthetical corpus (CC0).