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2019 Maryland Code
Courts and Judicial Proceedings
Title 5 - Limitations, Prohibited Actions, and Immunities
Subtitle 10 - Prisoner Litigation Act
§ 5-1004. Review of complaint; dismissal

Universal Citation:
MD Cts & Jud Pro Code § 5-1004 (2019)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

    (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.

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