§ 25-1A-4 — Judicial review of initial pleading; dismissal

West Virginia § 25-1A-4

• Jurisdiction: West Virginia
• Ch. 25: DIVISION OF CORRECTIONS
• Art. 1A: WEST VIRGINIA PRISONER LITIGATION REFORM ACT

Text

(a) The court shall, prior to issuance of process, review the complaint, petition or other initial pleading to determine whether a civil action is frivolous or malicious as defined in subsection (b) of this section and fails to state a claim for which relief can be granted or seeks monetary relief from a party who is immune from such relief. If the complaint, petition or other initial pleading is frivolous or malicious, fails to state a claim for which relief can be granted or seeks monetary relief from a party who is immune from such relief, the court shall not issue process and shall dismiss the case.

(b) A civil action is frivolous or malicious if it:

(1) Has no arguable basis in fact or law; or

(2) Is substantially similar to a previous civil action in which the inmate did not substantially prevail, either in that it is brought against the same parties or in that the civil action arises from the same operative facts of a previous civil action; or

(3) Has been brought with the intent to harass an opposing party.

Legislative History

2012 Reg. Sess., SB164; 2000 Reg. Sess., SB109; 1955 Reg. Sess., SB117; 1943 Reg. Sess., HB354