A determination of frivolity is best left to the district court, and we will review such determinations only for abuse of discretion. See McWilliams v. State of Colorado, 121 F.3d 573, 574 (10th Cir. 1997) (applying abuse of discretion standard to review § 1915(e) frivolity dismissal); Norton v. Dimazana, 122 F.3d 286, 291 (5th Cir. 1997) (same). But see McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997) (applying de novo standard to review § 1915(e)(2) claims based on changes to statute by PLRA).
FRIVOLITY
STANDARD OF REVIEW = ABUSE OF DISCRETION
Please get the justice you deserve.
Sincerely,
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