Section 5-1004 - Review of complaint; dismissal. - Maryland Statutes

§ 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. 
 

[1997, ch. 14, § 20; ch. 495; 1998, ch. 20, § 1.]