§ 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.

HISTORY: 1997, ch. 14, § 20; ch. 495; 1998, ch. 20, § 1.