Case law

(HC) Weems v. Burton

District Court, E.D. California · Dec 11, 2023

“was contrary to, or involved an 18 unreasonable application of, clearly established Federal law, as determined by the Supreme Court 19 of the United States. 28 U.S.C. § 2254(d)(1). … Only Supreme Court precedent 13 may constitute “clearly established Federal law,” but circuit law has persuasive value regarding 14 what law is “clearly established” and what constitutes “unreasonable application” of

(HC) Jones v. Cates

District Court, E.D. California · Dec 30, 2024

established federal law based on the Ninth 3 Circuit case Ho v. … See 1 Johnson, 578 U.S. at 609 (“The Court therefore holds that [Dixon] qualifies as adequate to bar 2 federal habeas review.”); see also Walker, 562 U.S. at 321 (finding “no inadequacy in 3 California’s timelines rule

(PC) Diaz v. Jones

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

Epperson v. United States Congress

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

P. 8(a)(2) 14 The Court will grant Plaintiff leave to amend his complaint and set forth his claims more 15 clearly. … The amended complaint should be clearly titled “Second Amended 2 Complaint,” refer to the appropriate case number, and be an original signed under penalty of 3 perjury.

Shultz v. Kern County

District Court, E.D. California · Jun 15, 2022

As a basic matter, the complaint does not clearly state what happened, when it happened or who was 14 involved. … An equal protection claim may be established by 24 showing that defendants intentionally discriminated against a plaintiff based on his membership

Duhn Oil Tool, Inc. v. Cooper Cameron Corp.

818 F. Supp. 2d 1193 · District Court, E.D. California · Sep 30, 2011

However, Zhang does not conclusively establish that a new trial on the issue may be ordered. … E.g., Gardco, 820 F.2d at 1212 (noting that question "clearly implicates the jurisprudential responsibilities in [patent law,] a field within [the Federal Circuit’s] exclusive jurisdiction”). 3 .

Andrews v. Pride Industries

213 F. Supp. 3d 1288 · District Court, E.D. California · Sep 30, 2016

PRIDE argues the letter clearly required Mr. Andrews to contact Andre Anthony by October 23, 2012. Walters Decl. ¶ 35. Mr. … Here, in its order on defendants’ motion to dismiss, the court concluded the land designated as Travis AFB qualified for federal enclave status. Prev. Order at 7.

(PS) Pendarvis v. Elk Grove Self Help Housing Employees

District Court, E.D. California · Mar 30, 2022

forma pauperis 23 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to state a 24 claim on which relief may be granted,” or “seeks monetary relief against a defendant who is 25 immune … In reviewing a complaint under this standard, the 2 court accepts as true the factual allegations contained in the complaint, unless they are clearly 3 baseless or fanciful, and construes those allegations in the light

(PC) Doss v. Mule Creek State Prison

District Court, E.D. California · Mar 14, 2025

complaint or portion thereof if the prisoner raised claims that are legally 25 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 26 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when 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.

United States v. Sierra Pacific Industries

879 F. Supp. 2d 1096 · District Court, E.D. California · May 31, 2012

attempting to establish negligence per se in Howell’s building of water bars. … Although plaintiff referred generally to § 261.5, the language in the surrounding text of the discovery response clearly borrows language from subsection c. {Id.)

Cooper

District Court, E.D. California · Sep 22, 2025

complaint or portion thereof if the prisoner raised claims that are legally 27 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 28 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when it is based on an 4 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 5 490 U.S. at 327.

Donald J. Trump for President, Inc. v. Padilla

District Court, E.D. California · Oct 2, 2019

,” or “ha[s] the likely effect of handicapping an 14 otherwise qualified class of candidates.” … Congress clearly intended 19 that the EIGA “supersede” state laws touching on the field of financial disclosures and 20 conflict-of-interest laws for federal officeholders.

Donald J. Trump for President, Inc. v. Padilla

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

,” or “ha[s] the likely effect of handicapping an 11 otherwise qualified class of candidates.” … Congress clearly intended 14 that the EIGA “supersede” state laws touching on the field of financial disclosures and 15 conflict-of-interest laws for federal officeholders.

Conservation Congress v. United States Forest Service

235 F. Supp. 3d 1189 · District Court, E.D. California · Feb 17, 2017

Plaintiff submitted declarations from three of its members, including Executive Director Denise Boggs, in order to establish standing. … The Healthy Forest Restoration Act (“HFRA”), passed in 2003, modifies an agency’s NEPA obligations for qualifying projects.

Hodoba

District Court, E.D. California · May 7, 2026

In reviewing a complaint under this standard, the court will 5 (1) accept as true all of the factual allegations contained in the complaint, unless they are clearly 6 baseless or fanciful, (2) construe those allegations … The complaint 6 does not establish that plaintiff is without a state forum for presentation of her concerns, including 7 her arguments involving her due process rights.

Advanced Steel Recovery, LLC v. X-Body Equipment, Inc.

271 F. Supp. 3d 1172 · District Court, E.D. California · Sep 12, 2017

Discussion Defendants contend summary judgment should be granted because plaintiff cannot establish infringement, as a matter of law, Mot. at 20. … Plaintiff objects to Professor Wright’s declaration, contending in essence that Wright is over-qualified to say what a person ordinarily skilled in the art would understand, that'he himself admits his testimony would not

Delgadillo v. Fresno Police Department

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

determines that the allegation of poverty 27 is untrue, or that the action or appeal is frivolous or malicious, fails to state a claim upon which 28 relief may be granted, or seeks monetary relief against a defendant who is immune … Unlike the Fourth Amendment, however, it 19 is not clearly established by either California or Ninth Circuit precedent whether Article I, Section 20 13 confers a private right of action for damages, and many district

(PC) Richard v. Joseph

District Court, E.D. California · Jul 6, 2021

To establish a violation of a prison official’s duty to take reasonable steps to 21 protect inmates from physical abuse, the prisoner must establish that prison officials were 22 “deliberately indifferent” to serious … Farmer, 511 U.S. at 834. 23 “Mere negligence is not sufficient to establish liability.” Frost v. Agnos, 152 F.3d 1124, 1128 24 (9th Cir. 1998).

(PC) Hoyt v. Chamberlain

District Court, E.D. California · Jul 9, 2021

complaint or portion thereof if the prisoner has raised claims that are 7 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 8 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 12 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

(PC) Reid v. Rivera

District Court, E.D. California · Nov 6, 2023

Legal Standard 3 Pretrial detainees2 alleging that an individual defendant provided inadequate medical care 4 must establish that: … Plaintiff is advised that in an 17 amended complaint he must clearly identify each defendant and the action that defendant took 18 that violated his constitutional rights.