In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling

##note: armistead v. state personnel bd. is the case at bar, reversed.
overruling

the magistrate judge recommended that the district court sua sponte dismiss the action under 28 u.s.c.  1915(e)(2)(b)
non-overruling

in franchise tax bd. of cal. v. hyatt, o.t. 2002, no. 42, p. 12. we reviewed that decision, and we affirmed.

non-overruling