Case law

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  • (PC) Harper v. Robinson

    District Court, E.D. California · Dec 28, 2021

    complaint or portion thereof if the inmate has raised claims that are 20 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 21 that seek monetary relief from a defendant who is immune … 14 policy, and by holding knowledge of plaintiff’s lawsuit against the sheriff office/county, and by holding knowledge of the clearly

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  • (PC) Ochoa v. Fletcher

    District Court, E.D. California · Aug 31, 2020

    or portion thereof if the prisoner has raised claims that are legally 12 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 13 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 17 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 18 490 U.S. at 327.

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  • (PC) Miles v. Garland

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

    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. … Circumstances common to most prisoners, such 13 as lack of legal education and limited law library access, do not establish exceptional 14 circumstances that warrant a request for voluntary assistance of counsel.

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  • Sanchez v. Law Office of Lance E. Armo

    District Court, E.D. California · Mar 31, 2021

    In 6 January 2017, she qualified for a Section 8 Housing Choice Voucher, which she began applying 7 toward her rental home. (Id. at ¶ 38.) … The burden of establishing entitlement to an attorneys’ fee award lies solely with the claimant. Hensley v. Eckerhart, 461 U.S. 424, 437 (1983).

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  • Burch v. Regents of the University of California

    433 F. Supp. 2d 1110 · District Court, E.D. California · Jun 5, 2006

    However, if a plaintiffs causation arguments rest on the relative timing of his protected activity and his dismissal, the plaintiff must also clearly show that the defendant was aware of the protected activity when the adverse … Shelby County Bd. of Educ., 99 F.3d 1078, 1085 (11th Cir.1996) (more qualified applicant). Presented with such facts, courts can say with confidence that defendants would have made the same decision.

    Cited 310 timesPublished
  • Diaz v. Immigration & Naturalization Service

    648 F. Supp. 638 · District Court, E.D. California · Sep 26, 1986

    It was subsequently revoked after the INS district director determined that Diaz failed to qualify as a refugee. … A mandatory preliminary injunction “should not be issued unless the facts and law clearly favor the moving party.” Anderson v. United States, 612 F.2d 1112, 1114 (9th Cir.1980).

    Cited 17 timesPublished
  • (PS) Murphy v. AIG Claims, Inc.

    District Court, E.D. California · Mar 2, 2020

    The court may, therefore, dismiss a claim as frivolous where it is based on an 4 indisputably meritless legal theory or where the factual contentions are clearly baseless. … If plaintiff is attempting 15 to establish diversity jurisdiction, plaintiff’s state citizenship must be diverse from the named 16 defendant. See, e.g., Newman-Green, Inc. v.

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  • (PC) Kendrid v. Osman

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

    The court may, therefore, dismiss a claim as frivolous where it is based on an 8 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 9 490 U.S. at 327. … “To establish a violation of Title II of the ADA, a plaintiff must show that 1 (1) [he] is a qualified individual with a disability; (2) [he] was excluded from participation in or 2 otherwise discriminated against with

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  • (PS) Alvarez v. Amador County Children Prtctv

    District Court, E.D. California · Aug 26, 2025

    In 7 reviewing a complaint under this standard, the court accepts as true the factual 8 allegations contained in the complaint, unless they are clearly baseless or fanciful, and 9 construes those allegations in the … Thaler, 565 7 U.S. 134, 141 (2012). 8 The Complaint fails to establish the Court’s subject matter jurisdiction. See 9 Compl.

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  • Benno v. Bosenko

    District Court, E.D. California · Sep 1, 2021

    Benno does not allege he had any form of permit 7 from Shasta County and therefore cannot establish a vested right.10 Thus, Benno fails to establish 8 the existence of a fundamental or vested right. … Put another way, the Ninth Circuit has required a plaintiff 14 asserting a due process challenge to a land use ordinance to establish the ordinance is “clearly 15 arbitrary and unreasonable, having no substantial relation

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  • (PC) Hernandez v. Marcelo

    District Court, E.D. California · Mar 2, 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). … Generally, mere 20 differences in medical opinion are insufficient to establish deliberate indifference. Jackson v. 21 McIntosh, 90 F.3d 330, 332 (9th Cir. 1996) (citations omitted).

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  • (HC) Sloan v. Sherman

    District Court, E.D. California · Oct 19, 2022

    Under both standards, “clearly established law” means the holdings of the United States 25 Supreme Court at the time of the relevant state court decision. See Carey v. … , this Court cannot conclude that the state court’s ruling 25 was contrary to, or an unreasonable application of, clearly established federal law.

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  • (HC) Rogers v. Montgomery

    District Court, E.D. California · Oct 9, 2024

    Only Supreme Court precedent may constitute “clearly established 8 Federal law,” but courts may look to circuit law “to ascertain whether…the particular point in 9 issue is clearly established by Supreme Court precedent … The Clearly Established Federal Law 21 The Eighth Amendment prohibits not only “barbaric punishments,” Solem v.

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  • Duncan v. Primerica Life Ins. Co.

    District Court, E.D. California · Feb 13, 2023

    In short, Plaintiff cannot establish the second element 5 of her cause of action–Plaintiff’s performance or excuse for her 6 failure to perform. … the code sections at issue to 11 protect policy owners who spend years paying for life insurance 12 policies “on which their loved ones depend.” 12 Cal. 5th at 246. 13 Plaintiff and Decedent clearly

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  • Mort v. Brennan

    District Court, E.D. California · Jun 21, 2022

    The Court will grant a motion in limine, and thereby bar 2 use of the evidence in question, only if the moving party establishes that the evidence clearly is not 3 admissible for any valid purpose. Id. … Such objections shall clearly specify the requested 18 modifications, corrections, additions or deletions.

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  • (PC) Davis v. Pam

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

    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. … “[E]ven gross negligence is insufficient to establish a constitutional violation.” Id.

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  • (PC) King v. Leahy

    District Court, E.D. California · May 16, 2025

    4 Because the Court finds that Defendant Leahy is entitled to summary judgment on the merits, the Court need not 28 and does not reach the argument for qualified … immunity. 1 | objections with the Court, limited to 15 pages in length, including exhibits.

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  • Rudas

    District Court, E.D. California · Nov 12, 2025

    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 … Circumstances 26 common to most prisoners, such as lack of legal education and limited law library access, do not 27 establish exceptional circumstances that warrant a request for voluntary assistance of counsel.

    Cited 0 timesUnknown
  • (PC) Savary v. Towle

    District Court, E.D. California · Apr 27, 2020

    that they are not liable, and alternatively, that they are entitled to 28 qualified immunity. … Jaime for failure to protect in 6 violation of the Eighth Amendment. 7 To establish a failure to protect claim, the prisoner must establish that prison officials 8 were deliberately

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  • (PS) King v. State of California

    District Court, E.D. California · Aug 26, 2025

    In 7 reviewing a complaint under this standard, the court accepts as true the factual 8 allegations contained in the complaint, unless they are clearly baseless or fanciful, and 9 construes those allegations in the … A federal court’s jurisdiction may be established in one of two ways: actions 23 arising under federal law or those between citizens of different states in which the 24 alleged damages exceed $75,000. 28 U.S.C. §§ 1331

    Cited 0 timesUnknown

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