Case law

(PC) Delphin v. Ross

District Court, E.D. California · Mar 18, 2021

An authorized deprivation is one carried out pursuant to established 15 state procedures, regulations, or statutes. Piatt v. … Furthermore, any claims against the prison itself are barred by 21 sovereign immunity. See Howlett v. Rose, 496 U.S. 356, 365 (1990). 22 V.

(PC) Denton v. Bibbs

District Court, E.D. California · May 4, 2021

for a qualifying reason under the 11 [PLRA].” … While it 22 does appear that Plaintiff did exhaust his administrative remedies with regard to the issues in his 23 Third Amended Complaint, he clearly did so after he initiated this action.”)

(PS) Butler v. Dozier

District Court, E.D. California · Apr 19, 2022

However, a determination that a plaintiff qualifies financially for in forma 1 pauperis status does not complete the inquiry required by the statute. … Under this standard, a court must dismiss a 18 complaint as frivolous where it is based on an indisputably meritless legal theory or where the 19 factual contentions are clearly baseless.

(PS) Tanksley v. Debbie

District Court, E.D. California · Sep 29, 2020

Co. v. 2 Waddell & Reed Inc., 360 F.3d 960, 967 (9th Cir. 2004) (stating that “the district court had a duty 3 to establish subject matter jurisdiction over the removed action sua sponte, whether the parties 4 raised … If 27 plaintiff elects to file an amended complaint, it shall be clearly captioned “First Amended 28 Complaint” and shall cure the jurisdictional deficiencies identified above.

(PC) Wilhelm v. Aung

District Court, E.D. California · Jun 16, 2025

Aung claims that she is 2 entitled to qualified immunity. (ECF No. 46-2 at 8-19.) 3 C. … In light of this 4 || recommendation, the undersigned need not address defendant’s qualified immunity arguments. 5 CONCLUSION 6 IT IS HEREBY ORDERED that: 7 1.

Guerra v. State Farm General Insurance Company

District Court, E.D. California · Jul 20, 2020

Except as otherwise provided in this Order 1 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 2 designated before the material is disclosed or produced. 3 … If only a portion or 7 portions of the material on a page qualifies for protection, the Producing Party also must clearly 8 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 9

Michalopoulos

District Court, E.D. California · Oct 14, 2025

He asserts his motion 20 is based upon the “Convention Against Torture” which he purports “clearly states [he has] the right 21 to complain and not be retaliated upon.” (Doc. 12 at 3). … under the doctrine of sovereign 11 immunity—and that Plaintiff otherwise failed to state a claim for his remaining causes of action, 12 there is no likelihood of success such that the Court is necessarily may not to

(PC) Ivory v. C.D.C.R.

District Court, E.D. California · Oct 20, 2020

complaint or portion thereof if the prisoner has raised claims that are legally 2 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 3 monetary relief from a defendant who is immune … [T]hat edict contains one significant qualifier: the remedies must indeed be 20 “available” to the prisoner.

(PS) Alfaro Brittany v. Child Support Services

District Court, E.D. California · Apr 10, 2025

forma pauperis proceeding, and must order dismissal of the case if it is 22 “frivolous or malicious,” “fails to state a claim on which relief may be granted,” or “seeks 23 monetary relief against a defendant who is immune … Second, Plaintiff also does not establish complete diversity of citizenship. 1 See Morris v.

Ruman

District Court, E.D. California · Sep 11, 2025

In the alternative, both Defendants argue they are entitled to qualified immunity. 3 The Eighth Amendment protects prisoners from inhumane methods of punishment and 4 from inhumane conditions of confinement. … immunity. 1 (ECF No. 13 at n.1.)

Warden

District Court, E.D. California · Mar 12, 2026

The “burden is on the ‘next friend’ clearly to establish 3 the propriety of his status and thereby justify jurisdiction of the court.” … However, even assuming Timothy Gordon 19 qualifies for “next friend” status, which would permit him to file a petition on behalf of Linwood 20 Hosea Gordon, it does not allow Timothy Gordon to prosecute this action pro

(PC) Kruse v. Fisher, Jr.

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

Defendant also argues, in the alternative, that 22 he is entitled to qualified immunity. (Id. at 5-8). 23 B. … His 16 symptoms were being monitored according to established CDCR protocols. He was never told 17 that he qualified for immediate treatment yet failed to receive directed treatment.

(PC) Tufono v. Thurmon

District Court, E.D. California · Jun 11, 2020

or portion thereof if the prisoner has raised claims that are legally 9 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 10 monetary relief from a defendant who is immune … [T]hat edict contains one significant qualifier: the remedies must indeed be 10 “available” to the prisoner.

(PS) Tanksley v. Inman

District Court, E.D. California · Nov 23, 2020

However, a determination that a plaintiff qualifies financially for in forma 1 pauperis status does not complete the inquiry required by the statute. … Under this standard, a court must dismiss a 18 complaint as frivolous where it is based on an indisputably meritless legal theory or where the 19 factual contentions are clearly baseless.

(PS) Lawson-King v. Neighbor to Neighbor Homes, LLC

District Court, E.D. California · Jul 11, 2025

forma pauperis 5 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to state a 6 claim on which relief may be granted,” or “seeks monetary relief against a defendant who is 7 immune … Stone, 84 F.3d 1121, 1129 (9th Cir. 1996). 28 Plaintiff’s FAC still does not clearly articulate the claims plaintiff seeks to bring against 1 defendants.

Sampson v. Gillespie

District Court, E.D. California · Jul 7, 2022

Except as otherwise provided in this Order, 26 or as otherwise stipulated or ordered, material that qualifies for protection under this Order must 27 be clearly so designated before the material is disclosed or produced … If only a portion or 17 portions of the material on a page qualifies for protection, the Producing Party also must clearly 18 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 19

(HC) Bradley v. Brewer

District Court, E.D. California · May 8, 2023

Nelson, 440 F.2d 13, 14 (9th Cir. 1971). 16 In this case, petitioner is clearly challenging the legality of his sentence. … Specifically, petitioner argued that, without § 924(e)’s 6 residual clause, which was invalidated by Johnson, his aggravated assault conviction no longer 7 qualified as a violent felony because it was clearly not an enumerated

(PC) Rodriguez v. Solano State Prison

District Court, E.D. California · Dec 23, 2022

The court may, therefore, dismiss a claim as frivolous where it is based on an 12 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 13 490 U.S. at 327. … However, plaintiff has also marked three 24 boxes indicating the “issue involved” even though the form clearly instructs the plaintiff to only 25 mark one. (Id.)

Macias v. City of Delano

District Court, E.D. California · Aug 3, 2020

The parties’ designation of Disclosure or Discovery Material as 23 CONFIDENTIAL does not — without the submission of evidence by declaration, 24 establishing that the material sought to be filed under seal qualifies … If only a portion or 24 portions of the material on a page qualifies for protection, the Producing Party also 25 must clearly identify the protected portion(s) (e.g., by making appropriate 26 markings in the margins

Signh

District Court, E.D. California · Jul 16, 2026

He fails to clearly 26 and succinctly allege what happened, when it happened, and who was involved. … Even gross 12 negligence is insufficient to establish deliberate indifference to serious medical needs. See Wood 13 v.