Case Citator › Noll v. Carlson

Noll v. Carlson

Is it still good law? What later courts have actually done to this case.

Superseded by statute
Court
Ninth Circuit
Citation
809 F.2d 1446
Decided
Confirmed treatments
1
Flagged citations read
133 of 133
Citing cases (total)
1,298
Treatment dates
2000
Superseded by statute
A reviewed court treats this case as superseded by later legislation. Noll v. Carlson's requirement that an in forma pauperis complaint be served before dismissal was superseded by statute; its rule favoring leave to amend remains in force. All 133 flagged citations have been read.
More on how this was screened

The Ninth Circuit's en banc decision in Lopez v. Smith held that 28 U.S.C. § 1915(e)(2) permits dismissal before service while preserving leave to amend. Akhtar v. Mesa later described Noll as superseded on other grounds by statute as stated in Lopez. The six newly reviewed opinions did not independently treat Noll adversely.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

1,298 later cases cite Noll v. Carlson; 133 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Noll v. Carlson?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Superseded by statute

  • The Prison Litigation Reform Act displaced Noll's service-before-dismissal protection for in forma pauperis complaints, while preserving the opportunity to amend a curable complaint.

    Lopez v. Smith · Ninth Circuit (en banc) · filed

    Section 1915(e)(2)(B)(ii), even under our reading, allows a district court to dismiss, sua sponte and prior to service of process, a complaint that fails to state a claim, a power courts did not have prior to enactment of the PLRA.
    Read the full opinion on CourtListener →

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