WVC 25 - 1 A- 4
§25-1A-4. Judicial review of initial pleading; dismissal.
(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
Note: WV Code updated with legislation passed through the 2015 Regular Session
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