Dismissal of action during proceedings

(1) If fees or court costs of an adult in custody have been waived or deferred under ORS 30.643, a court shall dismiss the case if at any time the court determines that the adult in custody was in fact able to pay fees and court costs at the time the application for waiver or deferral was made under ORS 21.680 to 21.698. (2) If the fees or court costs have been waived or deferred under ORS 30.643 for an adult in custody, a court shall dismiss the case if at any time the court determines that each claim in the action, petition or appeal: (a) Is frivolous or malicious; (b) Fails to state a claim upon which relief may be granted, and the court denies leave to amend; or (c) Seeks monetary relief against a defendant who is immune from a claim for monetary relief. (3) Upon appeal of any dismissal under this section, the Court of Appeals on its own motion, or on the motion of the respondent, may summarily affirm the judgment of the trial court, with or without submission of briefs and without oral argument, if the Court of Appeals determines that the appeal does not present a substantial question of law. Notwithstanding ORS 2.570, the Chief Judge of the Court of Appeals may deny a respondent’s motion for summary affirmance under this subsection or may grant the motion if the petitioner does not oppose the motion. A dismissal of an appeal under this subsection constitutes a decision on the merits of the case.