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  • (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.

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  • (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.

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  • 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

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  • (HC) Daniel Frazer v. McDowell

    District Court, E.D. California · Jan 26, 2022

    2 principle that ‘clearly extend[s]’ to a new context to the extent required by the Supreme Court in 3 . . . recent decisions”; otherwise, there is no clearly established Federal law for purposes of 4 review under … If no clearly established Federal law exists, the inquiry is at an 7 end and the Court must defer to the state court’s decision.

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  • (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.

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  • Mort v. Brennan

    District Court, E.D. California · Jul 8, 2022

    The Court will grant a motion in limine, and thereby bar 5 use of the evidence in question, only if the moving party establishes that the evidence clearly is not 6 admissible for any valid purpose. Id. … Such objections shall clearly specify the requested 21 modifications, corrections, additions or deletions.

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  • 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.

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  • Rosemary H. Mullins v. County of Fresno

    District Court, E.D. California · Nov 14, 2022

    The information or items shall be clearly 8 identified as follows: CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER, 9 Rosemary Hinojosa Mullins, et al. v. County of Fresno, et al., E.D. Cal. … A sealing order will issue only 3 upon a request establishing that the Protected Material at issue is privileged, protectable as a trade 4 secret, or otherwise entitled to protection under the law.

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  • Janie Misak v. Commissioner of Social Security

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

    Plaintiff contends 9 Defendant fails to address her arguments that the evidence does not clearly establish that her 10 impairments are not severe. Id. at 3-4. 11 2. … Pasek’s caution as evidence “clearly establishing” 16 Plaintiff’s BIF does not cause more than a minimal effect on her ability to perform in the workplace. 17 At most, Dr.

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  • Mazik v. Kaiser Permanente, Inc.

    District Court, E.D. California · Jan 17, 2023

    for protection 14 under this Stipulated Protective Order must be clearly so designated before the material is disclosed 15 or produced. … A Challenging Party may proceed to the next stage of the challenge process 3 only if it has engaged in this meet and confer process first or establishes that the Designating Party 4 is unwilling to participate in the

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  • (HC) Blair v. Price

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

    Only Supreme Court precedent may constitute “clearly established 9 Federal law,” but courts may look to circuit law “to ascertain whether…the particular point in 10 issue is clearly established by Supreme Court precedent … The question at this stage is whether the state court 21 reasonably applied clearly established federal law to the facts before it. Id. at 181-182.

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  • (PC) Fuentes v. Mule Creek State Prison

    District Court, E.D. California · Mar 9, 2023

    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.

    Cited 0 timesUnknown
  • (PC) Sanford v. Eaton

    District Court, E.D. California · May 2, 2022

    As a basic 12 matter, the complaint does not clearly state what happened, when it happened or who was 13 involved. … by a...policymaker possessed 3 with final authority to establish that policy.”

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  • Californians for Equal Rights Foundation v. Her

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

    One in five students enrolled in Fresno Unified schools qualify 8 as “English Learners.” … A litigant “must clearly 8 and specifically set forth facts sufficient to satisfy these Art.

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  • (PC) Oscar A. Aguilar v. Superior Court of California, County of San Bernardino

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

    or portion thereof if the prisoner has raised claims that are 13 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 14 that seek monetary relief from a defendant who is immune … The amended complaint should be clearly and boldly 15 titled “First Amended Complaint,” refer to the appropriate case number, and be an original 16 signed under penalty of perjury.

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  • (PC) Rodriguez v. Solano State Prison

    District Court, E.D. California · Aug 3, 2021

    The court may, therefore, dismiss a claim as frivolous where it is based on an 25 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 26 490 U.S. at 327. … By establishing the existence of a serious medical need, a prisoner satisfies the 8 objective requirement for proving an Eighth Amendment violation. Farmer v.

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  • (PC) Ernst v. Ramos

    District Court, E.D. California · Nov 7, 2022

    complaint or portion thereof if the prisoner has raised claims that are 6 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 7 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 11 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

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  • (PC) Hernandez v. Ogboehi

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

    immunity. 25 1. … immunity.

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  • Moss

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

    At all relevant times, Decedent was a qualified individual with a disability within the meaning of the Americans with Disabilities Act, as he 9 had a documented psychiatric disability requiring mental … Further, it seeks to impose 21 liability against CDCR, which is immune under the Eleventh Amendment. See Alabama v. Pugh, 22 438 U.S. 781, 782 (1978) (per curiam); Hale v.

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  • Tremaine Carroll v. State of California, et al.

    District Court, E.D. California · Jul 2, 2026

    Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998). 23 ANALYSIS 24 Because Plaintiff’s allegations are disjointed and brief, and not clearly … Governor Newsom, Secretary Allison, and the State of California are therefore entitled to 5 Eleventh Amendment immunity from Plaintiff’s claims for monetary damages. See Will v.

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