Kelvin Ray Love v. L. Andrews

Arkansas prisoner Kelvin Love appeals from the district court’s 1 28 U.S.C. § 1915A(b)(l) dismissal of his 42 U.S.C. § 1983 complaint. Love argues the district court erred when it dismissed his complaint without issuing a summons and allowing him to amend his complaint after he had paid the initial partial filing fee. However, the district court may at any time dismiss a case for failure to state a claim, “[notwithstanding any filing fee, or any portion thereof, that may have been paid” see 28 U.S.C. § 1915(e)(2), and need not allow a prisoner to amend his complaint prior to dismissal, see…