Notwithstanding any court costs which have been paid, the court shall dismiss an offender's civil action or appeal from a judgment in a civil action at any time, including before service on the defendant, if the court determines any of the following: (1) The allegation of indigency is untrue; (2) The litigation is frivolous, malicious or fails to state a claim upon which relief may be granted; or (3) The defendant is immune from the cause of action.
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