Case law
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(PC) Mills v. Justice Center Detention Facility
District Court, E.D. California · Nov 30, 2023
The court may, therefore, dismiss a claim as frivolous where it is based on an 17 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 18 490 U.S. at 327. … “‘Omissions or misstatements resulting from negligence 23 or good faith mistakes will not invalidate an affidavit which on its face establishes probable 24 cause.’” Ewing v.
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 12, 2021
The court may, therefore, dismiss a claim as frivolous where it is based on an 10 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 11 490 U.S. at 327. … “To establish a violation of Title II of the ADA, a plaintiff must show that 18 (1) [he] is a qualified individual with a disability; (2) [he] was excluded from participation in or 19 otherwise discriminated against with
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 18, 2021
Moreover, 9 “[j]udges are absolutely immune from damages actions for judicial acts taken within the 10 jurisdiction of their courts.” Schucker v. … Plaintiff’s complaint is wholly without merit, and the Court cannot identify any possible 12 cognizable claim that Plaintiff could establish if granted leave to amend. 13 IV.
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 30, 2020
If only a portion or 20 portions 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 margins). … If only a portion or portions of the material on a page qualifies for protection, the 3 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 4 markings in the margins).
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 10, 2025
Section 504 of the Rehabilitation Act provides, “[n]o otherwise qualified individual with 25 a disability in the United States . . . shall, solely … An equal protection claim may be established by 6 showing that defendants intentionally discriminated against a plaintiff based on his membership 7 in a protected class, Comm. Concerning Cmty. Improvement v.
Cited 0 timesUnknownRodriguez Pacheco v. City of Stockton
District Court, E.D. California · Nov 18, 2020
If only a portion or portions of the 28 material on a page qualifies for protection, the Producing Party also must clearly identify the protected 1 portion(s) (e.g., by making appropriate markings in the margins). … If only a portion or portions of the material on a page qualifies for protection, the 10 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 11 markings in the margins).
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 24, 2021
These allegations 11 do not establish that a causal connection between Plaintiff’s protected conduct and the claimed 12 adverse actions exists. … The amended complaint should be clearly and boldly 27 titled “First Amended Complaint,” refer to the appropriate case number, and be an original signed 28 under penalty of perjury.
Cited 0 timesUnknownEpperson v. Codification Order 497
District Court, E.D. California · Dec 17, 2024
complaint, or any portion thereof, is subject to 19 dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be 20 granted, or if it seeks monetary relief from a defendant who is immune … an amended 8 complaint, he fails to establish federal question jurisdiction.
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 9, 2019
If only a portion or 5 portions of the material on a page qualifies for protection, the Producing Party also must clearly 6 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 7 … If only a portion or 15 portions of the material on a page qualifies for protection, the Producing Party also must clearly 16 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 17
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 12, 2025
complaint or portion thereof if the prisoner raised claims that are legally 10 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 11 monetary relief from a defendant who is immune … “[S]tate departmental regulations do not establish a federal constitutional 18 violation.” Cousins v. Lockyer, 568 F.3d 1063, 1070 (9th Cir. 2009).
Cited 0 timesUnknownMacChiavelli v. Shearson, Hammill & Co., Inc.
384 F. Supp. 21 · District Court, E.D. California · Oct 15, 1974
This very issue was clearly decided by the Supreme Court in Wilko v. … Although related, the claims of Securities Act violations in this case are clearly severable from the other claims, both factually and legally.
Cited 42 timesPublishedSmith v. Pacific Bell Telephone Co.
649 F. Supp. 2d 1073 · District Court, E.D. California · Aug 12, 2009
There is nothing in the affidavit to establish Mr. Mastrangelo is knowledgeable about or qualified to opine on the reliability of GPS equipment. … If the basis for an expert’s opinion is clearly unreliable, the district court may disregard that opinion in deciding whether a party has created a genuine issue of material fact.
Cited 3 timesPublishedUMG Recordings, Inc. v. Sinnott
300 F. Supp. 2d 993 · District Court, E.D. California · Feb 5, 2004
Napster clearly states that “[c]ontributo-ry liability requires that the secondary in-fringer ‘know or have reason to know' of direct infringement.” 239 F.3d at 1020 . … Sinnott does not explain how a Sheriffs deputy is more qualified to point out examples of infringing recordings *1000 than trained investigators representing the copyright holders themselves.
Cited 27 timesPublishedDistrict Court, E.D. California · May 6, 2024
If only a portion or portions of the material on a page qualifies for 22 protection, the Producing Party also must clearly identify the protected portion(s) 23 (e.g., by making appropriate markings … If only a portion or portions of the material on a page qualifies for 6 protection, the Producing Party also must clearly identify the protected portion(s) 7 (e.g., by making appropriate
Cited 0 timesUnknown658 F. Supp. 2d 1155 · District Court, E.D. California · Aug 5, 2009
process, so he “has not shown that the state court decisions denying habeas relief were contrary to clearly established federal law.” … Sass, 461 F.3d at 1129 (for purposes of AEDPA, Hill’s “some evidence” standard is “clearly established” federal law).
Cited 1 timesPublishedDistrict Court, E.D. California · Oct 30, 2023
Claims are frivolous where they are based on an indisputably meritless legal theory or 24 where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. … Examples of immunity that would preclude relief during screening, include, but are not 1 limited to, quasi-judicial immunity, sovereign immunity, or qualified immunity.
Cited 0 timesUnknown(PS) Charles v. U.S. Office of Personnel Management
District Court, E.D. California · Oct 10, 2023
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 … AMENDING THE COMPLAINT 2 If plaintiff chooses to amend the complaint, the amended complaint must allege facts 3 establishing the existence of federal jurisdiction.
Cited 0 timesUnknownYoung v. Sun Life & Health Ins. Co.
285 F. Supp. 3d 1109 · District Court, E.D. California · Jan 8, 2018
"Any Occupation" is defined as: "[a]ny gainful occupation that you are qualified for or may reasonably become qualified for by education, training or experience. … United Behavioral Health , 764 F.3d 1030 , 1042 (9th Cir. 2014) ("[A]n administrator…abuses its discretion if it relies on clearly erroneous findings of fact in making benefit determinations") (internal citation omitted).
Cited 1 timesPublishedAnthony J. Davis v. Tuolumne County, et al.
District Court, E.D. California · May 13, 2026
Id. 21 District courts must deny requests for mandatory injunctions unless the law and facts clearly 22 favor a moving party. Id. The Court will not grant such requests in doubtful cases. … in violation of the First 24 Amendment. 25 In his present motion, Plaintiff seeks an order that Defendant Hurtado provide mental 26 health care by a qualified
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 22, 2025
Second, as a state prisoner, plaintiff was qualified to access the 4 ASU yard and participate in activities there. See Yeskey, 524 U.S. at 210. … A 26 showing of merely negligent medical care is not enough to establish a constitutional violation. 27 Frost v.
Cited 0 timesUnknown
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