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Icon-UpArrow "Frivolous"


clearly insufficient as a matter of law; presenting no debatable question. A claim is frivolous if it is insufficient because unsupported by the facts or because the law recognizes no remedy for the claim. Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

""A claim is frivolous if it is without arguable merit either in law or fact." Bilal v. Driver, 251 F.3d 1346, 1349 (11th Cir. 2001). In the context of 28 U.S.C. § 1915(e)(2)(B)(i), we have held "[a] district court may conclude a case has little or no chance of success and dismiss the complaint before service of process when it determines from the face of the complaint that the factual allegations are 'clearly baseless' or that the legal theories are 'indisputably meritless.'" Carroll v. Gross, 984 F.2d 392, 393 (11th Cir. 1993)."

- Simmons v. Edmondson, 225 Fed. App'x 787 (11th Cir. 2007)
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