Case law

(PS) Murphy v. Farmers Insurance Company

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

However, a determination that a plaintiff qualifies financially for in forma 4 pauperis status does not complete the inquiry required by the statute. … Under this standard, a court must dismiss a 21 complaint as frivolous where it is based on an indisputably meritless legal theory or where the 22 factual contentions are clearly baseless.

Sanchez v. Johnson

District Court, E.D. California · Aug 31, 2022

Consequently, in seeking a mandatory injunction, 2 plaintiffs must “establish that the law and facts clearly favor” their position. Garcia, 786 F.3d at 3 740 (emphasis in original). … Accordingly, the motion before the 7 | Court fails to establish a likelihood of success on that legal claim, let alone that the law and facts 8 | clearly favor Plaintiffs’ position. 9 Finally, though the Court

(PC) Davis III v. Gibson

District Court, E.D. California · Nov 1, 2019

prejudice with respect to Ninth Circuit 14 Court of Appeals Case No. 13-56643, the Ninth Circuit Court of Appeals’ October 28, 2013 order, 15 which is attached as an exhibit to Plaintiff’s second amended complaint, clearly … “The 26 Fourteenth Amendment’s Due Process Clause protects persons against deprivations of life, liberty, or 27 property; and those who seek to invoke its procedural protection must establish that one of these 28 interests

(PC) Gradford v. Velasco

District Court, E.D. California · Apr 17, 2023

. § 1915(g) because Plaintiff has had at least three 25 dismissals that constitute strikes, and he has not established he meets the imminent danger 26 exception. … A dismissal for failure to state a claim 11 relying on qualified immunity counts as a strike. Reberger v. Baker, 657 F. App’x 681, 683-84 12 (9th Cir. Aug. 9, 2016).

(PC) Frazier v. Janam

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

App’x 518 (7th Cir. 2008) (prisoner’s complaint about prison job 9 involved matters of personal, rather than public, concern and did not qualify as protected speech). 10 Plaintiff’s comments to Janam were a challenge … O’Connor, 512 U.S. 472, 485 (1995). 16 Wolff established five constitutionally mandated procedural requirements for disciplinary 17 proceedings.

(PC) Williams v. LaCoursier

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

It is well 13 established that “inmates lack a separate constitutional entitlement to a specific prison grievance 14 procedure.” Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003) (citing Mann v. … Plaintiff is advised that in an amended complaint he must clearly identify each 16 defendant and the action that defendant took that violated plaintiff’s constitutional rights.

(PS) Portnoy v. Yolo County Superior Court

District Court, E.D. California · Dec 22, 2020

IFP) statute requires federal courts to dismiss a case if the 24 action is legally “frivolous or malicious,” fails to state a claim upon which relief may be granted, 25 or seeks monetary relief from a defendant who is immune … NOLEAVE TO AMEND 3 For the above reasons, this court finds that the allegations of plaintiffs complaint fail to 4 | establish federal subject matter jurisdiction, and that these deficiencies cannot be cured by

Rosseau v. Micron Technology, Inc.

District Court, E.D. California · Jun 16, 2020

If only a portio1 97 || oF portions of the material on a page qualifies for protection, the Producing Party also must clearly 28 identify the protected portion(s) (e.g., by making appropriate markings in the margins) … If 11 || only a portion or portions of the material on a page qualifies for protection, the Producing Party also 12 || must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins)

(PS) Bonds v. Diana

District Court, E.D. California · Jul 2, 2025

IFP statute requires federal courts to dismiss a case if the action is legally 27 “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 28 monetary relief from a defendant who is immune … In reviewing a complaint under this standard, the 14 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 15 are clearly baseless or fanciful, (2) construe those allegations

(PC) Davis v. Kelley

District Court, E.D. California · Aug 2, 2022

By establishing the existence of a serious medical need, a prisoner satisfies the 9 objective requirement for proving an Eighth Amendment violation. Farmer v. … Plaintiff is advised that in an amended complaint 12 he must clearly identify each defendant and the action that defendant took that violated his 13 constitutional rights.

(PS) Lewis v. AT&T

District Court, E.D. California · Jul 6, 2020

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 … Further, plaintiff fails to establish diversity of citizenship that could support diversity 9 jurisdiction over a state law claim. See 28 U.S.C. § 1332(a); Bautista v.

Macomber

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

complaint or portion thereof if the prisoner raised claims that are legally 11 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 12 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when 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.

(PC) Trotter v. Pfeiffer

District Court, E.D. California · Dec 19, 2019

The Facility C Staff Sergeant requested a list of inmates 18 who qualified for medium custody status to work in the culinary trade. … The complaint must set forth “overt acts” of discrimination and contain facts to 25 establish that the defendant’s conduct was motivated by racial animus.

(PS) Brown v. Wake

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

IFP statute requires federal courts to dismiss a case if the action is legally 27 “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 28 monetary relief from a defendant who is immune … A plaintiff must establish that 24 defendant’s retaliatory animus was the but-for cause of his injury, meaning that the adverse action 25 against him would not have been taken absent retaliatory motive. Id.

(PS) Halajian v. JP Morgan Chase Bank, NA

District Court, E.D. California · Apr 29, 2025

“Immunity under § 1983 is governed by federal law; state law cannot provide 23 immunity from suit for federal civil rights violations.” Wallis v. Spencer, 202 F.3d 1126, 1144 24 (9th Cir. 2000), citing Martinez v. … Ostrowski may have 25 statutory immunity from the state law claims, but the Court need not reach that issue.

(PS) Kaywood v. Kilgore

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

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 … In reviewing a complaint under this standard, the 11 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 12 are clearly baseless or fanciful, (2) construe those allegations

(PS) Rogers v. Valdez

District Court, E.D. California · Apr 9, 2025

forma pauperis 3 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to 4 state a claim on which relief may be granted,” or “seeks monetary relief against a 5 defendant who is immune … In 8 reviewing a complaint under this standard, the court accepts as true the factual 9 allegations contained in the complaint, unless they are clearly baseless or fanciful, and 10 construes those allegations in the

(PC) Schowachert v. Sorano

District Court, E.D. California · Aug 4, 2023

The one significant qualifier is that “the remedies must indeed be ‘available’ to the 28 prisoner.” Id. at 1856. … “To 6 establish § 1983 liability, a plaintiff must show both (1) deprivation of a right secured by the 7 Constitution and laws of the United States, and (2) that the deprivation was committed by a 8 person acting under

Cutera, Inc. v. Lutronic Aesthetics, Inc.

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

If only a portion or portions of the material 11 || on a page qualifies for protection, the Producing Party also must clearly identify the protected 12 || portion(s) (e.g., by making appropriate markings in the margins … This provision 15 || is not intended to modify any procedure subsequently established in an e-discovery order that 16 || provides for production without prior privilege review.

(PC) Warfield v. Tibbet

District Court, E.D. California · Sep 18, 2023

The court may, therefore, dismiss a claim as frivolous where it is based on an 14 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 15 490 U.S. at 327. … Lack, 487 U.S. 266, 276 (1988) (establishing the prison mailbox rule); Campbell v.