Case law

(PC) J'Weial v. Newsom

District Court, E.D. California · Apr 8, 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 14 “available” to the prisoner.

(PS) Stratton v. PHH Mortgage Corp.

District Court, E.D. California · Dec 11, 2024

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 … Id. 23 “It is well established that a district court has broad discretion to control its own docket, 24 and that includes the power to dismiss duplicative claims.”

Mercer v. Ball Metalpack (Oakdale) LLC

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

If only a portion or 14 portions of the material on a page qualifies for protection, the Producing Party also 15 must clearly identify the protected portion(s) (e.g., by making appropriate 16 markings in the margins … If 26 only a portion or portions of the material on a page qualifies for protection, the 27 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins)

Jackson v. USOPM/Legal Reconsideration & Appeals

District Court, E.D. California · Feb 4, 2020

conduct a review of the claims brought by the plaintiff to determine whether it “state[s] a claim on which relief may be granted,” is “frivolous or malicious,” or 1 “seek[s] monetary relief against a defendant who is immune … For purposes of screening, the Court assumes Plaintiff qualifies as an 1 regulations of the Office of Personnel Management, in which he is eligible to enroll in the plan and the

(PC) Cox v. Krpin

District Court, E.D. California · Apr 14, 2020

The court may, therefore, dismiss a claim as frivolous where 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. … Navajo County Ariz. 609 19 F.3d 1011, 1017-18 (9th Cir. 2010) (requiring official be subjectively aware of serious medical 20 need and fail to adequately respond to need to establish deliberate indifference). 21

(PC) Brown v. Director of Corrections

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

to allege sufficient facts to establish causation between the 24 constitutional violation and plaintiff’s harm. … In an amended complaint plaintiff must clearly identify each 9 defendant and the action that defendant took that violated his constitutional rights.

Molesky v. Carrillo

District Court, E.D. California · Jul 12, 2023

If only a portion or portions of the 25 material on a page qualifies for protection, the Producing Party also must clearly identify the 26 protected portion(s) (e.g., by making appropriate markings in the margins). 27 … If only a portion 9 or portions of the material on a page qualifies for protection, the Producing Party also must 10 clearly identify the protected portion(s) (e.g., by making appropriate markings in the 11

(PC) Smith v. Hutchinson

District Court, E.D. California · Aug 26, 2019

moved for summary judgment under Federal Rule of Civil Procedure 56, 21 arguing that the move was not objectively dangerous, that the defendants were not subjectively 22 indifferent to any danger, that Smith cannot establish … causation, and that defendants Torres and 23 Hoggard are entitled to qualified immunity.

(PC) Smith v. Akintola

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

Defendant also argues that he should be granted qualified immunity. … Should the District Judge decline to adopt these findings and recommendations, the court will address the propriety of qualified immunity in this 28 | case. 12

(PC) Singh v. Devine

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

Even gross negligence is insufficient to establish 14 deliberate indifference to serious medical needs. See Wood v. … Robinson, 914 F.2d 486, 492 (4th Cir. 1990) (finding no clearly 19 established, sufficiently contoured, right to hot showers in prison).

J.R. Simplot Company v. Niboli

District Court, E.D. California · Dec 9, 2019

If only a portion or portions of the material on a 13 page qualifies for protection, the Producing Party also must clearly identify the 14 protected portion(s) (e.g., by making appropriate markings in the margins) and … This provision is not intended to modify 8 whatever procedure may be established in an e-discovery order that provides for 9 production without prior privilege review.

Bhan v. NME Hospitals, Inc.

669 F. Supp. 998 · District Court, E.D. California · Sep 16, 1987

The opposing party need not establish the material issue of fact conclusively in its favor. Id. … To provide an antitrust violator immunity from suit simply because the victim successfully mitigates his damages would undermine the antitrust laws’ broad goal of restraining anticompetitive conduct. 4.

(PS) Bledsoe v. Facebook

District Court, E.D. California · Sep 30, 2019

the case at any time if it determines the 22 allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on 23 which relief may be granted, or seeks monetary relief against an immune … Should plaintiff choose to file an amended complaint, the 10 amended complaint shall clearly set forth the allegations against each defendant and shall specify 11 a basis for this court’s subject matter jurisdiction.

(PC) Wright v. Deforest

District Court, E.D. California · Jun 23, 2025

The requisite causal connection between a supervisor’s wrongful conduct and the 5 violation of the prisoner’s constitutional rights can be established in a number of ways, including 6 by demonstrating that a supervisor … Section 1983 does not 21 abrogate the states’ Eleventh Amendment immunity from suit. See Quern v. Jordan, 440 U.S. 22 332, 344-45 (1979); see also Hafer v.

(PC) McPherson v. Carpenter

District Court, E.D. California · Mar 7, 2025

complaint or portion thereof if the prisoner raised claims that are legally 25 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 26 monetary relief from a defendant who is immune … “In evaluating a prisoner’s claim, courts consider 11 whether ‘the officials act[ed] with a sufficiently culpable state of mind’ and if the alleged 12 wrongdoing was objectively ‘harmful enough’ to establish a constitutional

(PC) Turner v. Brown

District Court, E.D. California · Dec 14, 2021

(Id. at 4.) 3 It is well-established that inmates have a right to file grievances against correctional 4 officers. See Watison v. … Plaintiff’s allegations establish that defendants Brown and 6 Tsui took an adverse action against him in response to the protected conduct of attempting to file 7 a grievance.

Chiron Corp. v. Genentech, Inc.

268 F. Supp. 2d 1148 · District Court, E.D. California · Jun 24, 2002

To establish a non-utility defense, Genentech must prove total incapacity by clear and convincing evidence. Moleculon Research Corp. v. CBS, Inc., 793 F.2d 1261, 1269 (Fed.Cir.1986). … An immunogen is a substance capable of provoking an immune response.

(HC) Pierson v. Martinez

District Court, E.D. California · May 30, 2024

Further, where 8 courts of appeals have diverged in their treatment of an issue, there is no “clearly established 9 Federal law” governing that issue. Carey v. … As such, petitioner cannot demonstrate that 20 anything in the state court decision contravened clearly established federal law. See Carey, 549 21 U.S. at 77.

(PS) Dowglas v. Metro Goldwyn - Mayer

District Court, E.D. California · Oct 16, 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 … The exact nature of what happened to plaintiff 21 is unclear from the complaint, which does not contain any clearly identifiable facts explaining 22 how plaintiff’s rights were violated.

(PS) Vue v. Moua

District Court, E.D. California · Jan 17, 2025

forma pauperis 3 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to state a 4 claim on which relief may be granted,” or “seeks monetary relief against a defendant who is 5 immune … The Court therefore also recommends denying plaintiff’s motion for 21 failing to establish the likelihood of success on the merits. 22 V.