Case law
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District Court, E.D. California · Oct 27, 2021
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 timesUnknownDistrict Court, E.D. California · Jan 21, 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. … However, to state a due process claim, a prisoner must also allege that the failure 8 to provide notice was “caused by conduct pursuant to established state procedure, rather than 9 random and unauthorized action.”
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 9, 2024
Placer Dome, Inc., 582 F.3d 17 1083, 1087 (9th Cir. 2009) (“The defendant bears the burden of establishing that removal is 18 proper.”). … Amount in Controversy 27 As a threshold matter, the amount in controversy, including economic damages, non- 28 economic damages, punitive damages, and attorney’s fees, is clearly
Cited 0 timesUnknown(PC) Singh v. Sacramento County Sheriff
District Court, E.D. California · May 18, 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.
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 4, 2022
IFP statute requires federal courts to dismiss a case if the action is legally 23 “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 24 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
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 19, 2021
The court may, therefore, dismiss a claim as frivolous where it is based on an 10 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 11 490 U.S. at 327. … The allegations in plaintiff’s complaint only establish a difference of opinion about 18 the ongoing need for pain medication.
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 22, 2022
by a ... policymaker possessed 26 with final authority to establish that policy.” … A showing of medical malpractice or negligence 7 is insufficient to establish a constitutional deprivation under the Eighth Amendment” Id.
Cited 0 timesUnknownDistrict 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) Van Huisen v. U.S. House of Representatives
District Court, E.D. California · Oct 5, 2023
Id. 12 Circumstances common to most prisoners, such as lack of legal education and limited law library 13 access, do not establish exceptional circumstances that warrant a request for voluntary assistance 14 of counsel … The court may, therefore, dismiss a claim as frivolous where it is based on an 27 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 28 490 U.S. at 327.
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 10, 2025
established, both by common sense and by precedent, that due process 25 requires that fair notice of what conduct is prohibited before a sanction can be imposed.” … Liberally construed, Plaintiff has failed to establish that defendants 22 Kutney and Lopez violated his due process rights.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 21, 2022
or portion thereof if the prisoner has raised claims that are 17 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 18 that seek monetary relief from a defendant who is immune … A failure “to clearly identify the persons/entities plaintiff is suing,” warrants dismissal 12 under Rule 10(a). Rickard v. Riverside County Sheriff’s Dep’t, No. 5:20-cv-00539-AB-JC, 13 2020 WL 5027985, at *5 (C.D.
Cited 0 timesUnknownDistrict Court, E.D. California · May 21, 2020
By establishing the existence of a serious medical need, a prisoner satisfies the 12 objective requirement for proving an Eighth Amendment violation. Farmer v. … Plaintiff is advised that in an amended complaint he must 13 clearly identify each defendant and the action that defendant took that violated his constitutional 14 rights.
Cited 0 timesUnknownRiley v. Sheet Metal Workers International Association
District Court, E.D. California · Mar 23, 2022
To 3 establish a prima facie case of intentional discrimination (known as “disparate treatment”) under 4 Title VII, a plaintiff must show that: “(1) he is a member of a protected class; (2) he was qualified 5 for his … abusive working 2 environment became so intolerable that her resignation qualified as a fitting response.” 3 Pennsylvania State Police v.
Cited 0 timesUnknown(PC) Heard v. Superior Court of California
District Court, E.D. California · Aug 26, 2020
The court may, therefore, dismiss a claim as frivolous where it is based on an 11 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 12 490 U.S. at 327. … Mere negligence on the part of the prison official is not sufficient to establish 2 liability. Farmer, 511 U.S. at 835. 3 C.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 22, 2024
Qualified Immunity 21 Because defendant Cuneo did not fail to protect plaintiff by opening his cell door on 22 January 6, 2021, the court does not reach defendant Cuneo’s … claim of qualified immunity. 23 E.
Cited 0 timesUnknownColin Raker Dickey v. Warden of Pelican Bay State Prison
District Court, E.D. California · Jan 15, 2026
This court looks to “Supreme Court holdings at 12 the time of the state court’s last reasoned decision” as “the source of clearly established Federal 13 law for the purposes of AEDPA.” Barker v. … A 14 Supreme Court precedent is not clearly established law under section 2254(d)(1) unless the Court 15 “squarely addresses the issue” in the case before the state court. Wright v.
Cited 0 timesUnknown(PC) Bland v. State of California
District Court, E.D. California · Jun 30, 2021
Id. 10 District courts must deny requests for mandatory injunctions unless the law and facts clearly favor 11 a moving party. Id. The Court will not grant such requests in doubtful cases. … Deprivation of constitutional rights can qualify as irreparable harm. E.g., Melendres v. 11 | Arpaio, 695 F.3d 990, 1002 (9th Cir. 2012).
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 11, 2020
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. … Thus, plaintiff has not established that these defendants had 25 the requisite knowledge of plaintiff’s mental health status which is one of the elements needed to 26 establish a claim of deliberate indifference to serious
Cited 0 timesUnknownB&G Foods North America, Inc. v. Embry
District Court, E.D. California · Jun 1, 2023
Defendants 22 | contend B&G’s complaint is barred by Noerr-Pennington immunity and in the alternative urge 23 | there is no state action. … B&G urges the court to find it has sufficiently pled that defendants’ 3 conduct qualifies as state action under all four tests, see Opp’n to Mot.
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 10, 2023
portion thereof if the prisoner has raised claims that are 6 legally “frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or 7 that “seek[] monetary relief against a defendant who is immune … Americans with Disabilities Act 26 The ADA provides, “no qualified individual with a disability shall, by
Cited 0 timesUnknown
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