Case law

(PC) Hasbrook v. Adreana

District Court, E.D. California · Apr 28, 2025

complaint or portion thereof if the prisoner raised claims that are legally 2 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 3 monetary relief from a defendant who is immune … Plaintiff bears the burden of clearly satisfying all four prongs. Alliance for the Wild 3 Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th Cir. 2011).

(PC) Fialho v. Auld

District Court, E.D. California · Oct 27, 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 complaint he must clearly identify each 20 defendant and the action that defendant took that violated plaintiff’s constitutional rights.

(PC) Avila v. Felder

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

complaint, or any portion thereof, is subject to dismissal if it is frivolous 22 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 23 relief from a defendant who is immune … lite, ‘courts should be extremely cautious’ about 23 issuing a preliminary injunction and should not grant such relief unless the facts and law clearly

(PC) Fratus v. Dayson

District Court, E.D. California · Feb 16, 2021

or portion thereof if the prisoner has raised claims 26 that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be 27 granted, or that seek monetary relief from a defendant who is immune … By establishing the existence of a serious medical need, a prisoner satisfies the 21 objective requirement for proving an Eighth Amendment violation. Farmer v.

(PC) Dotson v. Chandler

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

The court may, therefore, dismiss a claim as frivolous where it is based on an 6 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 7 490 U.S. at 327. … In order to frame a claim of a denial of the right to access the courts, a prisoner must 21 establish that he has suffered “actual injury,” a jurisdictional requirement derived from the 22 standing doctrine.

(PC) Blake v. Wong

District Court, E.D. California · Sep 17, 2020

or portion thereof if the prisoner has raised claims that are legally 26 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 27 monetary relief from a defendant who is immune … “[A] judge may dismiss [in forma pauperis] claims which are based on indisputably 4 meritless legal theories or whose factual contentions are clearly baseless.” Jackson v.

(PC) Harris v. California Forensic Medical Group

District Court, E.D. California · Oct 15, 2020

Generally 10 Section 1983 “provides a cause of action for the deprivation of any rights, privileges, or 11 immunities secured by the Constitution and laws of the … Indeed, even 18 gross negligence is insufficient to establish deliberate indifference to serious medical needs. See 19 Lemire, 726 F.3d at 1081-82 (citing Wood v.

Hunter

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

are examples and not an exhaustive list of the Products whose purchase would qualify a customer as a member of the Default Class. … The language and structure of Rule 23 “thus 12 clearly contemplate[] that the notice requirement will be met before the parties are aware of the 13 district court’s judgment on the merits.” Schwarzschild v.

Solis v. Millennium Pharmaceuticals, Inc.

District Court, E.D. California · Apr 1, 2020

Nor can conversations with third parties 13 establish direct knowledge. … 17 establish” a basis for his direct and independent knowledge of Defendants’ sales 18 scheme (see Omnibus Opp., 2:22-27), knowledge of a sales scheme is insufficient for 19 purposes of qualifying as an original source

(PC) Craver v. Tran

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

To establish a claim of deliberate indifference arising from a delay in providing care, a 26 plaintiff must show that the delay was harmful. See Berry v. … The amended complaint should be 20 clearly titled, in bold font, “First Amended Complaint,” reference the appropriate case number, 21 and be an original signed under penalty of perjury.

(PC) Arrant v. Santoro

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

In addition, Defendant Herrera argues he 11 is entitled to qualified immunity. 12 In opposition, Plaintiff argues that the Rules Violation Report was not only false but … To 21 state a cognizable retaliation claim, Plaintiff must establish a nexus between the retaliatory act and the 22 protected activity. Grenning v. Klemme, 34 F.Supp.3d 1144, 1153 (E.D. Wash. 2014).

(PS) Valdez v. San Joaquin County Superior Court

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

the case at any time if it determines the 23 allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on 24 which relief may be granted, or seeks monetary relief against an immune … Brooklier, 637 F.2d 620, 621 (9th Cir. 11 1981) (The double jeopardy clause “establishes three distinct protections: (1) against a second 12 prosecution for the same offense after acquittal; (2) against a second prosecution

(PS)Crane v. Juhasz

District Court, E.D. California · Jan 18, 2022

Defendant 3 argues the allegations fail to state a claim under the Fourth and Fourteenth Amendments. 4 Defendant further asserts he is entitled to qualified immunity for denying plaintiff access to the 5 building during … It clearly appears that further leave to amend 3 || would not facilitate plaintiff to state a valid federal claim against defendant.

Edward Randolph Dayton v. Fairfield Mobile Home and RV Park, LLC, et al.

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

In denying qualified immunity in that case, the Ninth Circuit found that “a reasonable 10 officer would have been aware that an unreasonable execution of a search warrant violated the 11 Fourth Amendment.” … original complaint, each claim and the involvement of each defendant must be sufficiently 28 alleged. ] Plaintiffs claims/causes of action should be clearly

(PC) Robinson v. Catlin

District Court, E.D. California · Feb 28, 2023

complaint or portion thereof if the prisoner has raised claims that are legally 7 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 8 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 12 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 13 490 U.S. at 327.

(PC) Collins v. Kurgan

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

complaint or portion thereof if the prisoner raised claims that are legally 8 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 9 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when 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.

(PC) Robbins v. Fisher

District Court, E.D. California · Jan 10, 2022

The record clearly reflects that Plaintiff 6 informed staff, including defendant Warden Fisher, that he did not owe the funds on his 7 discharged prison number, which became a misdemeanor (Orange County California Case … In order to state a cause of 11 action for deprivation of due process, a plaintiff must first establish the existence of a liberty 12 interest for which the protection is sought.

Arthur Taylor v. State of California

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

complaint or portion thereof if the prisoner raised claims that are legally 8 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 9 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when 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.

(PC) Kumar v. Saucedo

District Court, E.D. California · Aug 7, 2024

The court may, therefore, dismiss a claim as frivolous when 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 20 common to most prisoners, such as lack of legal education and limited law library access, do not 21 establish exceptional circumstances that warrant a request for voluntary assistance of counsel.

(PS) Alsop v. UC Davis Medical Center

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

the case at any time if it determines the 14 allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on 15 which relief may be granted, or seeks monetary relief against an immune … Nor do they establish that plaintiff was injured pursuant to 6 defendant’s policy or custom.