Md. Code Ann., Cts. & Jud. Proc. § 5-1004
Review by court of prisoner’s initial complaint
Effective Apr 14, 1998Added 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.State of Maryland
- (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.
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.