Case law

(PC) Cloud v. Cox

District Court, E.D. California · Jan 28, 2020

It is well established 6 that “inmates lack a separate constitutional entitlement to a specific prison grievance procedure.” 7 Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003) (citing Mann v. … Plaintiff is advised that in an amended complaint he must 21 clearly identify each defendant and the action that defendant took that violated his constitutional 22 rights.

Artichoke Joe's v. Norton

216 F. Supp. 2d 1084 · District Court, E.D. California · Aug 5, 2002

“Here, there has clearly been a specific threat of prosecution ... … Florida, 517 U.S. 44 , 116 S.Ct. 1114 , 134 L.Ed.2d 252 (1996), on the ground that it violated the Eleventh Amendment and state sovereign immunity, the State of California has consented to such suits by waiving its immunity

(HC) Daniel Frazer v. McDowell

District Court, E.D. California · Apr 21, 2021

25 . . . recent decisions”; otherwise, there is no clearly established Federal law for purposes of 26 review under AEDPA. … consider whether the state court’s decision was “contrary to, or involved an unreasonable 5 application of, [the] clearly established Federal law.”

(PS)Williams v. Amazon.Com, Inc.

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

the case at any time if it determines the 22 allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on 23 which relief may be granted, or seeks monetary relief against an immune … The amended complaint shall clearly set forth the 19 allegations against each defendant and shall specify a basis for this court’s subject matter 20 jurisdiction.

(PC)Calloway v. Youssee

District Court, E.D. California · May 4, 2022

Even gross negligence is insufficient to establish deliberate indifference to 27 serious medical needs. See Wood v. … An equal protection claim may be established by 26 showing that defendants intentionally discriminated against a plaintiff based on his membership 27 in a protected class, Comm. Concerning Cmty. Improvement v.

Kimberly McKinney v. Land O’Lakes Inc.

District Court, E.D. California · Jun 21, 2026

LEGAL STANDARD 2 A witness who has been qualified as an expert by knowledge, skill, experience, training, 3 or education may give an opinion on scientific, technical … Penbera also 7 clearly addresses plaintiff’s lost income and benefits for the period from May 2023 to March 8 2024. Dr.

David Rademaker v. Sircoya Williams, et al.

District Court, E.D. California · Feb 3, 2026

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 … The court may, therefore, dismiss a claim as frivolous when it is based on an 15 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 16 490 U.S. at 327.

(PC) Smithee v. California Correctional Institution

District Court, E.D. California · Aug 15, 2019

Qualified Immunity 24 Due to the dearth of facts alleged to support the conclusions made by Plaintiffs, the Court will 25 recommend they be granted leave to amend the … Thus, the Court declines to consider 26 qualified immunity at this time. 27 E.

(PC) Hernandez v. Borbolla

District Court, E.D. California · Jun 4, 2020

To establish a claim of deliberate indifference arising from a delay in providing care, a 7 plaintiff must show that the delay was harmful. See Berry v. … The amended complaint should be clearly titled, in 24 bold font, “First Amended Complaint,” reference the appropriate case number, and be an original 25 signed under penalty of perjury.

(PC) Fox v. Kim

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

Even gross negligence is insufficient to establish deliberate indifference to 25 serious medical needs. Even gross negligence is insufficient to establish deliberate indifference 26 to serious medical needs. … The record as a whole clearly establishes 15 that, on October 1, 2018, Defendant placed a splint on Plaintiff’s arm immediately and a hard cast 16 later the same day, as ordered by Dr.

(HC) Love v. Warden

District Court, E.D. California · May 23, 2025

Id. 10 Supreme Court precedent is not clearly established for the purposes of habeas review if a 11 court has to modify a principle to apply it to a case. Id. at 752. … Where a 14 Supreme Court decision does not squarely address the issue at hand or establish a legal principle 15 that clearly extends to a new context, it cannot be said that there is clearly established Supreme 16 Court

(PC) Fuentes v. Mule Creek State Prison

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

complaint or portion thereof if the prisoner raised claims that are legally 24 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 25 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when it is based on an 1 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 2 490 U.S. at 327.

(PC) Wilkins v. Heslop

District Court, E.D. California · Jun 29, 2021

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. … In an amended complaint plaintiff must clearly identify each 3 defendant and the action that defendant took that violated his constitutional rights.

Chacko v. AT&T Umbrella Benefit Plan No. 3

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

Designations that are shown 15 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 16 encumber or retard the case development process or to impose unnecessary expenses and … A Challenging Party may proceed to the next stage of 25 the challenge process only if it has engaged in this meet and confer process first or establishes that 26 the Designating Party is unwilling to participate in the

(PC) Grubbs v. Sacramento County Jail

District Court, E.D. California · Sep 29, 2020

“[A] judge may dismiss [in forma pauperis] claims which are based on indisputably 7 meritless legal theories or whose factual contentions are clearly baseless.” Jackson v. … Nor does it 17 establish diversity of the parties to support diversity jurisdiction. See 28 U.S.C. § 1332; Bautista 18 v.

(HC) Martinez v. Johnson

District Court, E.D. California · Jul 9, 2020

Only Supreme Court precedent may constitute “clearly established 16 Federal law,” but courts may look to circuit law “to ascertain whether…the particular point in 17 issue is clearly established by Supreme Court precedent … The bottom line is whether denial of the claim was objectively unreasonable in 24 light of the clearly established federal law. Id.

(PC) Coffer v. Ericson

District Court, E.D. California · Sep 20, 2024

complaint or portion thereof if the prisoner has raised claims that are 22 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 23 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 27 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

(PS) Ussery v. Domeyer

District Court, E.D. California · Jun 10, 2025

forma pauperis 5 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to 6 state a claim on which relief may be granted,” or “seeks monetary relief against a 7 defendant who is immune … In 10 reviewing a complaint under this standard, the court accepts as true the factual 11 allegations contained in the complaint, unless they are clearly baseless or fanciful, and 12 construes those allegations in the

(PC) Cross v. Covello

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

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 … 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. Neitzke, 5 490 U.S. at 327.

Bellah v. American Airlines, Inc.

656 F. Supp. 2d 1207 · District Court, E.D. California · Aug 25, 2009

The Abraham court explained that Treasury regulations purport to do no more than determine whether a plan is a qualified tax plan. … The undisputed evidence submitted in this case establishes that AA’s LTD *1216 Plan, which was administered by MetLife, was not ambiguous and clearly excluded plaintiff from coverage.