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§ 5-1004. Review by court of prisoner’s initial complaint

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 10. Prisoner Litigation Act (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 5-1004
§ 5-1004. Review by court of prisoner’s initial complaint
Identification of claims
(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.
Dismissal of action or portion of action
(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.
Proof of exhaustion
(c) An order of dismissal under subsection (b)(1) or (2) of this section may be issued without first requiring proof of exhaustion.


Added by Acts 1997, c. 495, § 1, eff. Oct. 1, 1997. Amended by Acts 1997, c. 14, § 20, eff. April 8, 1997; Acts 1998, c. 20, § 1, eff. April 14, 1998.
MD Code, Courts and Judicial Proceedings, § 5-1004, MD CTS & JUD PRO § 5-1004
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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