2010 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
TITLE 5 - LIMITATIONS, PROHIBITED ACTIONS, AND IMMUNITIES
Subtitle 10 - Prisoner Litigation Act
Section 5-1004 - Review of complaint; dismissal.
§ 5-1004. Review of complaint; dismissal.
(a) Review of complaint.- 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) Grounds for dismissal.- 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) Proof of exhaustion of remedies.- An order of dismissal under subsection (b)(1) or (2) of this section may be issued without first requiring proof of exhaustion.
[1997, ch. 14, § 20; ch. 495; 1998, ch. 20, § 1.]
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