Case law

(HC) Best v. Trate

District Court, E.D. California · Apr 6, 2023

Ives, 950 F.3d 1184 (9th Cir. 2020), the Ninth Circuit held that a petitioner could 14 establish actual innocence of a mandatory sentencing enhancement for purposes of qualifying for 15 the escape hatch. … Mar. 1, 2022), ECF No. 833. 8 As clearly set forth in the order reducing Petitioner’s sentence, the United States District 9 Court for the Northern District of Indiana resentenced Petitioner to an advisory guidelines

(PC) McPherson v. Carpenter

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

complaint or portion thereof if the prisoner 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 … “In evaluating a prisoner’s claim, courts consider 20 whether ‘the officials act[ed] with a sufficiently culpable state of mind’ and if the alleged 21 wrongdoing was objectively ‘harmful enough’ to establish a constitutional

(PC) Wane v. Korkor

District Court, E.D. California · Dec 28, 2022

complaint, or any portion thereof, is subject to dismissal if it is frivolous 26 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 27 relief from a defendant who is immune … Even gross negligence is 16 insufficient to establish deliberate indifference to serious medical needs.

(PC) Kalso v. Butte County Jail

District Court, E.D. California · Sep 19, 2024

The court may, therefore, dismiss a claim as frivolous where it is based on an 16 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 17 490 U.S. at 327. … Cato, 70 F.3d at 1005-06. 26 Plaintiff’s grievance against defendants cannot establish any plausible claims under §1983 27 as a matter of law and amendment would be futile.

(PS) Iegorova v. Tsaricati

District Court, E.D. California · Oct 3, 2019

However, a determination that a plaintiff qualifies financially for in forma 1 pauperis status does not complete the inquiry required by the statute. … The complaint, however, does not 19 allege clearly what claim plaintiff is asserting against the defendant.

Tafoya v. City of Hanford

District Court, E.D. California · Jan 21, 2020

portion thereof if the prisoner has raised claims that are 26 legally “frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or 27 that “seek[] monetary relief against a defendant who is immune … Even if a law enforcement officer 16 uses excessive force in violation of a citizen’s Fourth Amendment rights, the officer will still be 17 entitled to qualified immunity unless clearly established law provides that the

Ziarah Quincy-Kamazz Broadus-Bynum v. De Los Santos, et al.

District Court, E.D. California · Apr 8, 2026

statute authorizes federal courts to dismiss a case if the 3 action “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or 4 (iii) seeks monetary relief against a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 9 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 10 490 U.S. at 327.

Ballard v. Equifax Check Services, Inc.

158 F. Supp. 2d 1163 · District Court, E.D. California · Aug 17, 2001

For example, ECS’ agreement with Reebok Factory Direct required Reebok to “display Equifax-supplied service-charge notices at the point-of-sale at each of its Locations ... so that they are clearly visible to all Cheekwriters … As a preliminary matter, ECS argues that plaintiff has failed to establish that the transactions at issue are consumer in nature, and thus, governed by the FDCPA. 8 It is well established that the FDCPA regulates the collection

Courll v. Weinberger

393 F. Supp. 1033 · District Court, E.D. California · Feb 15, 1975

. § 405 (g), which establishes judicial review by the district courts of final decisions by the Secretary of Health, Education, and Welfare. … When traditional concepts of res judicata do not work well, they should be relaxed- or qualified to prevent injustice. 2 Davis, Administrative Law § 18.03 (1958).

Doer

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

The BOP Administrative Remedy Program qualifies as an 3 alternative remedy. See Correctional Servs. Corp. v. … Frank, 486 U.S. 549, 554 (1988) (“Absent a 8 waiver of sovereign immunity, the Federal Government is immune from suit.”). Thus, the only 9 proper defendant in an action brought under the FTCA is the United States.

High Sierra Hikers Ass'n v. United States Forest Service

436 F. Supp. 2d 1117 · District Court, E.D. California · Jun 8, 2006

Based on the Draft EIS it is difficult to draw a clear conclusion that one option or the other clearly favors or disfavors MYLF populations. … unless something within or without the text of the Act clearly indicates they are “necessary to meet minimum requirements for the administration of the area.”

Doe

District Court, E.D. California · Nov 21, 2025

One such 12 reason is if a defendant has sovereign immunity. … ) is still a proper vehicle for invoking sovereign 17 immunity from suit”). 18 C.

Osuji v. Select Portfolio Servicing, Inc.

District Court, E.D. California · Feb 2, 2023

If only a portion or portions of the material on a page qualifies for protection, 4 to the extent practicable, the Producing Party also must clearly identify the protected portion(s) (e.g., by 5 making appropriate markings … This provision is not intended to modify 3 whatever procedure may be established in an e-discovery order that provides for production without prior 4 privilege review.

(PS) Sharma v. Hussain

District Court, E.D. California · Jul 24, 2020

The court may, therefore, dismiss a claim as frivolous where it is based on an 2 indisputably meritless legal theory or where the factual contentions are clearly baseless. … Id. 3 Additionally, plaintiff has failed to establish that the court has federal question jurisdiction 4 in this matter.

Shaheed v. County of San Joaquin

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

Except as otherwise provided in this Order, or 13 || as otherwise stipulated or ordered, a Designating Party must clearly designate Disclosure or 14 |] Discovery Material that qualifies for protection under … If only a portion 19 || or portions of the material on a page qualifies for protection, the Producing Party also must clearly 20 || identify the protected portion(s) (e.g., by making appropriate markings in the margins

(PC) Pelton v. Amador County, CA

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

Instead, Plaintiff alleges, albeit not as clearly as might be 19 preferred, that there is no available grievance process. … Baldwin, 109 F.3d 557, 565 (9th Cir. 1997); see also Noble v. 16 Adams, 636 F.3d 525, 531 (9th Cir. 2011) (concluding prison officials were entitled to qualified 17 immunity from § 1983 claim that post-riot lockdown of

Immigrant Legal Resources Center v. City of McFarland

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

Saban Entertainment, Inc., 60 F.3d 27, 33–34 (2d Cir. 1995). 4 “A plaintiff seeking a preliminary injunction must establish [1] that he is likely to succeed 5 on the merits, [2] that he is likely to suffer … App. 23 4th 1206, 1212 (1994), as modified (May 5, 1994) (“Section 1094.5 clearly contemplates that at 24 minimum, the reviewing court must determine both whether substantial evidence supports the 25 administrative

A Woman's Friend Pregnancy Resource Clinic v. Harris

153 F. Supp. 3d 1168 · District Court, E.D. California · Dec 21, 2015

However, financial losses that would be unrecoverable due to California’s Eleventh Amendment sovereign immunity do constitute irreparable injury. Cal. Hos. Ass’n v. … The State points out the qualifier "at the clinic.” See Opp’n 10, ECF No. 16 ("[Ms.

(PC) Kutterer v. Solano County Jail

District Court, E.D. California · Aug 25, 2021

The court may, therefore, dismiss a claim as frivolous where it is based on an 18 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 19 490 U.S. at 327. … Plaintiff is advised that in an amended 28 complaint he must clearly identify each defendant and the action that defendant took that violated 1 his constitutional rights.

Bajwa v. United States Life Insurance Company

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

If only a portion or portions of the material on a page 21 qualifies for protection, the Producing Party also must clearly identify the protected portion(s) 22 (e.g., by making appropriate markings in the margins). … If only a 2 portion or portions of the material on a page qualifies for protection, the Producing Party also must 3 clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 4