Case law

(PC) Madrid v. Anglea

District Court, E.D. California · Apr 7, 2020

The Court 27 must dismiss a complaint or portion thereof if the prisoner has raised claims that are frivolous or 1 defendant immune from such relief. 28 U.S.C. § 1915A(b). … Similarly, in 26 Dunn, the Ninth Circuit rejected on qualified immunity grounds a challenge to an 18-month 27 restriction on a prisoner’s right to receive visits from his children. 621 F.3d at 1197, 1205.

(PS) Costa v. Haet

District Court, E.D. California · Oct 24, 2022

However, a determination that a plaintiff qualifies financially for in forma 1 pauperis status does not complete the inquiry required by the statute. … There are three ways a “policy” can be 25 established. See Clouthier v.

Goods v. Bakersfield Police Department

District Court, E.D. California · Aug 20, 2019

“It is to be presumed that 5 a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the 6 party asserting jurisdiction.” … Findings and Recommendations 14 Plaintiff failed to state a cognizable claim in this action that clearly invoked the Court’s limited 15 jurisdiction.

(PS) Expose v. US Bank National Association

District Court, E.D. California · Jun 17, 2021

IFP statute requires federal courts to dismiss a case if the action is legally 24 “frivolous or malicious,” fails to state a claim upon which relief may be granted or seeks 25 monetary relief from a defendant who is immune … “It is well established that a 4 || district court has broad discretion to control its own docket, and that includes the power to 5 || dismiss duplicative claims.” M.M., 681 F.3d at 1091 (9th Cir. 2012).

Flores

District Court, E.D. California · Apr 27, 2026

In both of these cases, the employee had formally sought accommodation 28 for a well-established disability. … The problem is not an absence of 14 || necessary factual allegations, but that the clearly alleged facts do not support liability under 15 || FEHA for the reasons explained above.

(PC) Steverson v. Coffin

District Court, E.D. California · Mar 31, 2023

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. … By establishing the existence of a serious medical need, a prisoner satisfies the 2 objective requirement for proving an Eighth Amendment violation. Farmer v.

Allison

District Court, E.D. California · May 6, 2026

by a ... policymaker possessed 3 with final authority to establish that policy.” … Plaintiff should carefully review those standards and should assert 9 sufficient facts against any named defendant, clearly and succinctly stating what happened, when it happened, and how each defendant

(PC) Smith v. Municipality of Fresno County

District Court, E.D. California · Nov 7, 2019

complaint or portion thereof if the prisoner has raised claims that are 8 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 9 that seek monetary relief from a defendant who is immune … The amended complaint should be 22 clearly and boldly titled “First Amended Complaint,” refer to the appropriate case number, and 23 be an original signed under penalty of perjury. 24

(PS) Dungan v. County of Shasta

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

Defendants singular reference to immunity in either their motion to dismiss or reply is “and/or that 28 immunity applies.” See ECF No. 21, pg. 2. 1 motions. … provided sufficient facts to establish that 4 they have a reasonable expectation of privacy in their social media posts.

(SS) Thompson, Jr. v. Commissioner of Social Security

District Court, E.D. California · Jan 18, 2024

In Woods, supportability was not addressed because 5 the contested opinion was clearly supported with relevant evidence, and the ALJ adequately 6 articulated the opinion’s inconsistency with the overall record. … Here, plaintiff’s requested rates 28 are within the statutory maximum rate established by the Ninth Circuit. ] 2.

Equal Employment Opportunity Commission v. Tortilleria "La Mejor"

758 F. Supp. 585 · District Court, E.D. California · Feb 20, 1991

That in accordance with the applicable substantive law and long established administrative interpretations, the plain language of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., protects all ‘employees … Defendant contends: If Congress intended Title VII protections, it could very clearly and very easily have said so. Congress chose not to do so.

(PC) Pangborn v. CDCR

District Court, E.D. California · Nov 16, 2022

It is well established 19 that “inmates lack a separate constitutional entitlement to a specific prison grievance procedure.” 20 Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003) (citing Mann v. … Plaintiff is advised that in an amended complaint he must 23 clearly identify each defendant and the action that defendant took that violated his constitutional 24 rights.

(PS) Alfaro Brittany v. Westfield Mall

District Court, E.D. California · May 5, 2025

Additionally, Plaintiff is advised 22 that the Complaint fails to establish federal jurisdiction and fails to state a claim. 23 I. … In reviewing a complaint under this standard, the 15 court will (1) accept as true all the factual allegations contained in the complaint, unless they are 16 clearly baseless or fanciful; (2) construe those allegations

(PC) O'Brien v. Reed

District Court, E.D. California · Oct 12, 2022

“The State of California has not waived its Eleventh Amendment immunity with respect to claims brought under § 1983 in federal court ....” … The ADA defines “qualified individual with a disability” as “an individual with a 23 disability who, with or without reasonable modifications to

USPS

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

“Second, [the CDA] waives sovereign 11 immunity over actions ‘arising under’ that administrative system and vests exclusive 12 jurisdiction over such claims in only two venues: (1) the Court of Federal Claims . . . and … First, Plaintiff asserts a claim for breach of contract, which clearly “relates to” a 21 contract.

(PC) Pratt v. Sacramento Protection Services

District Court, E.D. California · Jun 30, 2023

“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 25 monetary relief from a defendant who is immune … An individual defendant is not liable on a civil rights claim unless the facts 9 establish that defendant’s personal involvement in some constitutional deprivation or a causal 10 connection between the defendant’s wrongful

(PC) Beaton v. Valley State Prison

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

To 25 state a cognizable retaliation claim, Plaintiff must establish a nexus between the retaliatory act and the 26 protected activity. Grenning v. Klemme, 34 F.Supp.3d 1144, 1153 (E.D. … In any amended complaint Plaintiff files, he 7 must clearly and legibly state the relief he seeks. 8 IV. 9

Everett Joseph Jewett v. Shasta County Jail, et al.

District Court, E.D. California · Aug 13, 2026

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 … this action, and he does not 6 indicate whether he had been convicted at the time of the alleged violations, or was awaiting trial. 7 Pretrial detainees claiming unconstitutional conditions of confinement must establish

(PC) Walker v. Rios

District Court, E.D. California · Dec 1, 2023

The court may, therefore, dismiss a claim as frivolous where it is based on an 13 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 14 490 U.S. at 327. … Circumstances 25 common to most prisoners, such as lack of legal education and limited law library access, do not 26 establish exceptional circumstances that warrant a request for voluntary assistance of counsel.

Lennear v. Diamond Pet Food Processors of California, LLC

147 F. Supp. 3d 1037 · District Court, E.D. California · Nov 25, 2015

Defendants further argue that Plaintiffs have failed to establish good cause for amending the complaint. (ECF No. 68.) i. … The Court will vacate the deadline for filing dispositive motions as established by the January 2, 2014, pretrial scheduling order.