Case law

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  • Yith v. Johnson

    158 F. Supp. 3d 935 · District Court, E.D. California · Jan 8, 2016

    The interviewing officer told Plaintiffs that they were otherwise eligible for naturalization “but for the fact that USCIS believed that the marriage leading to their qualifying relationship was a sham.” Id. … However, the Court has already established that this case should not be dismissed on the basis of subject matter jurisdiction. .

    Cited 0 timesPublished
  • CA Rental Housing Assoc. v. Newsom

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

    Tenants who 26 submitted to their landlords declarations attesting that they 27 were unable to pay rent due to COVID-19 related hardships were 28 immunized from unlawful detainer actions for unpaid … At the start of the 13 pandemic, tenants with qualifying COVID-19 hardships could not 14 be evicted by unlawful detainer for nonpayment of rent between 15 March 1, and August 31, 2020. §§ 1179.02

    Cited 0 timesUnknown
  • Jerry Cox v. Mariposa County

    District Court, E.D. California · Apr 22, 2024

    this Order must be clearly so designate 14 before the material is disclosed or produced. … If only a portion or portions of the material on a page qualifies fc 4 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., b 5 making appropriate markings in the

    Cited 0 timesUnknown
  • U.S. Equal Employment Opportunity Commission v. Farmers Insurance

    24 F. Supp. 3d 956 · District Court, E.D. California · May 30, 2014

    When subject matter jurisdiction is challenged, the burden of establishing federal subject-matter jurisdiction always rests with the party who invokes the Court’s jurisdiction. Lujan v. … The text of Section 2000e-5(f)(l) does not speak in clearly jurisdictional terms.

    Cited 7 timesPublished
  • (PS)Rigor v. Carlsen

    District Court, E.D. California · Aug 11, 2021

    Plaintiff interprets this language as establishing a general duty 5 to protect students from any harm, including financial harm. ECF No. 1 at 28. … The complaint is disjointed and 15 difficult to comprehend, and does not clearly set forth facts giving rise to any legal claim.

    Cited 0 timesUnknown
  • (PC) Rouser v. Crounse

    District Court, E.D. California · Jul 30, 2020

    In order 7 to state a cause of action for deprivation of procedural due process, a plaintiff must first establish 8 the existence of a liberty interest for which the protection is sought. … an original complaint, each claim and the involvement of each defendant must be sufficiently 15 alleged. 16 The First Amended Complaint should be clearly

    Cited 0 timesUnknown
  • Richardson v. Newland

    342 F. Supp. 2d 900 · District Court, E.D. California · Nov 4, 2004

    The opinion of the California courts that petitioner’s motions for change of venue were properly denied did not result in a decision that was contrary to, or an unreasonable application of, clearly established federal law … The California Court of Appeal’s ruling to that effect was not an unreasonable application of clearly established federal law as determined by the United States Supreme Court on procedural default.

    Cited 3 timesPublished
  • (PS) Zhai v. Markstein Beverage Company

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

    Cited 0 timesUnknown
  • (PC) Robert Holmes v. Perez

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

    establish that policy.” … possessed with final authority to establish that policy.”

    Cited 0 timesUnknown
  • (PC) Flannery v. Holstein

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

    or portion thereof if the prisoner has raised claims 15 that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be 16 granted, or that seek monetary relief from a defendant who is immune … 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.

    Cited 0 timesUnknown
  • (PC) Hill v. Rios

    District Court, E.D. California · Aug 12, 2019

    The court may, therefore, dismiss a claim as frivolous where it is based on an 22 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 23 490 U.S. at 327. … Williams, 474 U.S. 327, 330-33 (1986). 13 It is clearly established in this circuit that “‘(1) [civil detainees] have a constitutional right 14 to be safe in the state institution to which they are committed,

    Cited 0 timesUnknown
  • (PC) Cox v. North Kern State Prison Officials

    District Court, E.D. California · Oct 8, 2021

    As a basic 23 matter, the complaint does not clearly state what happened, when it happened or who was 24 … 11 with final authority to establish that policy.”

    Cited 0 timesUnknown
  • (PC) Woolery v. Shasta County Jail

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

    The court may, therefore, dismiss a claim as frivolous where it is based on an 19 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 20 490 U.S. at 327. … By establishing the existence of a serious medical need, a prisoner satisfies the 21 objective requirement for proving an Eighth Amendment violation. Farmer v.

    Cited 0 timesUnknown
  • (PC) Belmonte v. Palomares

    District Court, E.D. California · Oct 2, 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. Neitzke, 3 490 U.S. at 327. … Grievance Procedure 28 The existence of a prison grievance procedure establishes a procedural right only and 1 “does not confer any substantive right upon the inmates.”

    Cited 0 timesUnknown
  • (PC) Sahm v. Haile

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

    “[A] judge may dismiss [in forma pauperis] claims which are based on indisputably 25 meritless legal theories or whose factual contentions are clearly baseless.” Jackson v. … An individual defendant is not liable on a civil rights claim unless the 5 facts establish the defendant’s personal involvement in the constitutional deprivation or a causal 6 connection between the defendant’s wrongful

    Cited 0 timesUnknown
  • (PC) Perkins v. Saipher

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

    The court may, therefore, dismiss a claim as frivolous where it is based on an 3 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 4 490 U.S. at 327. … Mere 14 negligence on the part of the prison official is not sufficient to establish liability.

    Cited 0 timesUnknown
  • Bueno v. Bass Lake Joint Union Elementary School District

    District Court, E.D. California · Nov 30, 2021

    The implementing 6 regulations state even more clearly “Except as provided in § 300.533 [dealing with a change of 7 placement due to a violation of a code of student conduct], during the pendency of any 8 administrative … school nurse, qualified public health nurse, or other qualified school personnel, if the 10 school district receives: a.

    Cited 0 timesUnknown
  • (PC) Wheaten v. Knoll

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

    Bureau 15 of Narcotics, 403 U.S. 388 (1971) to the “new context” at issue in this case, (3) Defendants are 16 entitled to qualified immunity, and (4) Plaintiff fails to show that Defendants were deliberately 17 indifferent … In other words, the facts do not establish a causal connection between Defendants’ conduct 7 and the Eighth Amendment deprivation Plaintiff allegedly suffered. See Rizzo, 423 U.S. at 373- 8 75.

    Cited 0 timesUnknown
  • (PC) Bailey v. Clason

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

    “frivolous or malicious,” that fail to state a claim upon which relief may be 12 granted, or that seek monetary relief from a defendant who is immune … To establish a violation of this 27 duty, a prisoner must “show that the officials acted with deliberate indifference to threat of 28 //// 1 serious

    Cited 0 timesUnknown
  • (PC) Jones v. Shelton

    District Court, E.D. California · May 5, 2020

    Failure to Identify Specific Defendants and Acts 7 As an initial matter, Plaintiff generally fails to state clearly what each defendant did to 8 him that deprived him of his constitutional rights. … To 27 establish a violation of this duty, the prisoner must establish that prison officials were deliberately 28 indifferent to a serious threat to the inmate's safety.

    Cited 0 timesUnknown

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