Case law

(PS) Whitsitt v. Meeks

District Court, E.D. California · Apr 5, 2021

An arrest without 11 probable cause is sufficient to establish the first element. Beck v. City of Upland, 527 F.3d 853, 12 869 (9th Cir. 2008). … ’s Eleventh Amendment 11 immunity.”

(PC) Orellana v. Som

District Court, E.D. California · Jun 26, 2025

Som, who said that Plaintiff did not qualify. … Even gross 13 negligence is insufficient to establish deliberate indifference to serious medical needs. See Wood 14 v.

(PC) Blackwell v. Jenkins

District Court, E.D. California · Aug 25, 2023

Humphry, 512 U.S. 477 (1977), and that he is entitled to qualified 27 immunity. … Qualified Immunity 23 Defendant also asserts qualified immunity.

(PS) Van Den Heuvel v. U.F.C. Gym Placerville Facility

District Court, E.D. California · Apr 26, 2022

However, a determination that a plaintiff qualifies financially for in 3 forma pauperis status does not complete the inquiry required by the statute. 4 “‘A district court may deny leave to proceed in forma pauperis … Under this standard, a court must dismiss a 21 complaint as frivolous where it is based on an indisputably meritless legal theory or where the 22 factual contentions are clearly baseless.

Bowen v. JEA Senior Living Health and Welfare Benefit Plan, LLC

District Court, E.D. California · Feb 10, 2021

If only a 17 portion or portions of the material on a page qualifies for protection, the Producing Party also 18 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 19 margins … If only a portion or 28 portions of the material on a page qualifies for protection, the Producing Party also must clearly 1 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 2

(PS) Peden v. Bernard

District Court, E.D. California · May 10, 2023

Filing fees must be paid unless each plaintiff applies for and is granted 5 leave to proceed in forma pauperis. 6 Moreover, a determination that a plaintiff qualifies financially … time if the allegation of poverty is 19 found to be untrue or if it is determined that the action is frivolous or malicious, fails to state a 20 claim on which relief may be granted, or seeks monetary relief against an immune

(PS) Chiu v. Bank of America

District Court, E.D. California · Jun 23, 2023

SCREENING 22 A determination that a plaintiff qualifies financially for in forma pauperis status does not 23 complete the inquiry required by the statute. … There is no clearly identifiable 5 incident that forms the basis of the complaint. No causes of action are asserted. The sentences in 6 the complaint do not make sense.

(PS) Briggs v. Putin

District Court, E.D. California · Nov 5, 2020

However, a determination that a plaintiff qualifies financially for in forma 4 pauperis status does not complete the inquiry required by the statute. … time if the allegation of 16 poverty is found to be untrue or if it is determined that the action is frivolous or malicious, fails to 17 state a claim on which relief may be granted, or seeks monetary relief against an immune

(PS) Burnett v. NBS Default Services, LLC

District Court, E.D. California · Aug 6, 2020

Cal. 2010). 11 (“RESPA, 12 U.S.C. § 2605(e), requires that loan servicers timely respond to qualified written 12 requests (‘QWRs’) from borrowers.”) (emphasis added). … Sep. 22, 2010) (“It is well-established 19 that there is no private right of action for violation of the FTCA; only the Federal Trade 20 Commission has standing to enforce it”).

(PC) Feathers v. Houston

District Court, E.D. California · Feb 20, 2024

Defendant also argues 4 he is entitled to qualified immunity.1 Id. 5 The treatment a prisoner receives in prison and the conditions under which the 6 prisoner is confined are subject … Miller, 104 F.3d 1133 (9th Cir. 1997) (en banc); see 27 1 The Court does not address Defendant’s qualified immunity argument because his

Beard

District Court, E.D. California · Jun 5, 2026

The court may, therefore, dismiss a claim as frivolous when it is based on an 4 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 5 490 U.S. at 327. … Mar. 29, 2010) (“[A] prisoner has no constitutionally guaranteed 11 immunity from being falsely or wrongly accused of conduct which may result in the deprivation 12 of a protected liberty interest.

(PS) Roberts v. Sacramento Housing & Redevelopment Agency

District Court, E.D. California · Oct 6, 2022

IFP statute requires federal courts to dismiss a case if the action is legally 23 “frivolous or malicious,” fails to state a claim upon which relief may be granted or seeks 24 monetary relief from a defendant who is immune … “To establish a violation 4 of Title II of the ADA, a plaintiff must show that (1) she is a qualified individual with a disability; 5 (2) she was excluded from participation in or otherwise discriminated against with

Hallmon v. Stanislaus County

District Court, E.D. California · Apr 16, 2020

To establish 17 a prima facie case of intentional discrimination (known as “disparate treatment”) under Title VII, 18 Plaintiff must show that: “(1) [s]he is a member of a protected class; (2) [s]he was qualified for … The amended complaint should be clearly and boldly 26 titled “First Amended Complaint,” refer to the appropriate case number, and be an original

Huhn

District Court, E.D. California · Dec 22, 2025

Next, Defendants contends that Plaintiff 13 has failed to allege sufficient facts to establish municipal liability against Defendant City of Red 14 Bluff. … Finally, Defendants argue that Lindauer and Westbrook are entitled to qualified immunity. 15 See id. 16 For all defendants, Plaintiff needs to allege

Montoya

District Court, E.D. California · May 22, 2026

Except as otherwise provided in this Order, or 24 as otherwise stipulated or ordered, Disclosure of Discovery Material that qualifies for protection 25 under this Order must be clearly so designated before the material … If only a portion of the material on a page qualifies 3 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 4 making appropriate markings in the margins).

Schultz

District Court, E.D. California · Sep 29, 2025

The court may, therefore, dismiss a claim as frivolous when it is based on an 21 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 22 490 U.S. at 327. … Smith, 203 F.3d 1122, 1130-31 (9th Cir. 25 2000) (“[A] judge may dismiss [in forma pauperis] claims which are based on indisputably 26 meritless legal theories or whose factual contentions are clearly baseless.”); Franklin

Tam v. Immigration & Naturalization Service

14 F. Supp. 2d 1184 · District Court, E.D. California · Aug 11, 1998

INS, 119 F.3d 738 (8th Cir.1997) (per curiam) (finding that judicial review by court qualifies as “action taken”). … But where Congress has not clearly required exhaustion, sound judicial discretion governs.” McCarthy v. Madigan, 503 U.S. 140, 144 , 112 S.Ct. 1081 , 117 L.Ed.2d 291 (1992).

Zalman v. Windsor Vallejo Care Center, LLC

District Court, E.D. California · Jul 25, 2022

(A) is different from, or is in conflict with, any requirement applicable under this section; and (B) relates to the . . . 6 use, . . . dispensing, or administration by qualified persons of the … (Id. at 2.) 16 The PREP Act provides that “a covered person shall be immune from suit and liability 17 under Federal and State law with respect to all claims caused by, arising out

(PS) Michalek v. Totonotnna

District Court, E.D. California · Apr 27, 2020

However, a determination that a plaintiff qualifies financially for in 27 forma pauperis status does not complete the inquiry required by the statute. … Under this standard, a court must dismiss a 16 complaint as frivolous where it is based on an indisputably meritless legal theory or where the 17 factual contentions are clearly baseless.

Velazquez v. Nissan North America, Inc.

District Court, E.D. California · Aug 13, 2025

If only a portion or portions of the material on a page 9 qualifies for protection, the Producing Party also must clearly identify the protected 10 portion(s) (e.g., by making appropriate markings in the margins). … If only a portion or portions 20 of the material on a page qualifies for protection, the Producing Party also must clearly 21 identify the protected portion(s) (e.g., by making appropriate markings in the