Case law
Opinions from 1658 to today.
6,306 results
1.19s
District Court, E.D. California · May 23, 2024
“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 12 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Schriro, 28 514 F.3d 878, 889 (9th Cir. 2008) (“Once the plaintiff establishes that the challenged state action 1 substantially burdens his religious exercise, the government bears the burden of establishing that 2
Cited 0 timesUnknown(PC) Holguin v. Madera County Jail Captain 2015
District Court, E.D. California · Apr 24, 2023
The findings and recommendations conclude that Plaintiff has 24 not established entitlement to equitable tolling because Plaintiff failed to tie any defendant’s 25 actions to the claimed sources of duress. … Nothing in 20 the record suggests Plaintiff was suffering from a qualifying incapacity at the time of the events 21 complained of in this case.
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 6, 2020
Only Supreme Court precedent may constitute “clearly established 18 Federal law,” but courts may look to circuit law “to ascertain whether…the particular point in 19 issue is clearly established by Supreme Court precedent … The Clearly Established Federal Law 14 To establish a constitutional violation based on ineffective assistance of counsel, a 15 petitioner must show (1) that counsel’s representation fell
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 16, 2024
is frivolous or malicious; (2) fails to state a claim upon which relief can 25 be granted; or (3) seeks monetary relief from a defendant who is immune … Nonetheless, while the court has clearly 12 stated that one of the “basic elements” of a First Amendment retaliation claim is that the adverse 13 action “chilled the inmates exercise of his First Amendment rights,” id
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 7, 2021
Defendant’s Motion for Summary Judgment 2 Defendant argues that the undisputed facts show he provided adequate medical treatment 3 to plaintiff and he is entitled to qualified immunity. … Additionally, his allegation that 22 defendant’s denial was clearly erroneous because another doctor gave him a lower bunk 23 assignment can also be categorized as a difference of medical opinion.
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 7, 2022
with final authority to establish that policy.” … lite, ‘courts should be extremely cautious’ about 16 issuing a preliminary injunction and should not grant such relief unless the facts and law clearly
Cited 0 timesUnknown(PC) Ramirez v. Director All Hospital
District Court, E.D. California · Apr 4, 2023
portion thereof if the prisoner has raised claims that are legally 8 “frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or that 9 “seek[] monetary relief against a defendant who is immune … However, the one significant 5 qualifier is that “the remedies must indeed be ‘available’ to the prisoner.” Id.
Cited 0 timesUnknownSilvestre Perez-Paredes v. Warden, et al.
District Court, E.D. California · May 26, 2026
The record does not establish the disposition of these charges. Upon his 8 release from local custody, petitioner was detained by ICE. Id. at 3. Since his detention, 9 petitioner has been denied a bond hearing. … Rodriguez, 583 U.S. 281, 288 (2018). 5 While the text of section 1225(b)(2)(A) limits its reach to applicants “seeking admission,” 6 section 1226(a) does not include the same qualifying language.
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 8, 2025
s complaint, or any portion thereof, is subject to dismissal if it is frivolous 7 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 8 relief from a defendant who is immune … Linkage 17 Most of Plaintiff's allegations fail to assert the requisite causal link between the 18 challenged conduct, a specific defendant, and a clearly
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 4, 2020
Plaintiff alleges that he was “imminently qualified” for that position, but 28 Chevron denied him the job, indicating that another individual was more qualified. … City of 10 Newport, 657 F.3d 772, 778 (9th Cir. 2011) (To establish a claim for interference under the 11 FMLA, “the employee must establish that: (1) he was eligible for the FMLA’s protections, (2) 12 his employer
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 21, 2023
ECF No. 1. 28 The complaint does not set forth clearly identified causes of action, but states in the middle of a 1 convoluted factual narrative that “Plaintiff is suing for violation of civil rights under Title 42 … Accordingly, Title 18 does not establish any private 6 right of action and cannot support a civil lawsuit. See Aldabe v.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 28, 2023
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. … Grievance Administrators 2 The existence of a prison grievance procedure establishes a procedural right only and 3 “does not confer any substantive right upon the inmates.”
Cited 0 timesUnknown(SS) Sagherian v. Commissioner of Social Security
District Court, E.D. California · Sep 29, 2021
Sec’y of 12 Health and Human Servs., 812 F.2d 509, 510 (9th Cir. 1987). 13 REVIEW 14 In order to qualify for benefits, a claimant must establish … The 21 burden is on the claimant to establish disability. Terry v.
Cited 0 timesUnknownJesus Pardo Ruiz v. Warden of the Golden State Annex Detention Facility
District Court, E.D. California · Mar 18, 2026
Rodriguez, 583 U.S. 281, 288 (2018). 8 While the text of section 1225(b)(2)(A) limits its reach to applicants “seeking admission,” 9 section 1226(a) does not include the same qualifying language. … At this hearing, the government shall bear the burden of 1 | establishing, by clear and convincing evidence, that petitioner poses a danger to the community or 2 | arisk of flight, and petitioner shall be allowed to
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 26, 2019
of Civil Procedure 56, arguing that 21 Kindred lacks standing, that Kindred cannot demonstrate that a First Amendment violation 22 occurred, that the defendants caused no injury, and that defendants are entitled to qualified … 23 immunity.
Cited 0 timesUnknownCarmelino Gomez Clara v. Warden of the Golden State Annex Detention Facility
District Court, E.D. California · Apr 10, 2026
Consequently, respondent cannot establish that petitioner committed a crime resulting in 27 the United States without being admitted or paroled,” … Rodriguez, 583 U.S. 281, 288 (2018). 1 While the text of section 1225(b)(2)(A) limits its reach to applicants “seeking admission,” 2 section 1226(a) does not include the same qualifying language.
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 25, 2020
established constitutional right. … “[E]ven gross negligence is insufficient to establish a 14 constitutional violation.” Id. (citing Wood v.
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 3, 2024
Cal. 25 Jan. 25, 2022) (“Plaintiff's indigence does not qualify ‘as an exceptional circumstance in a 26 prisoner civil rights case’”); Gipbsin v. Kernan, No. 2:12-cv-0556 KJM DB P, 2021 WL 242570, 27 at *2 (E.D. … or portion thereof if the prisoner has 10 raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief 11 may be granted, or that seek monetary relief from a defendant who is immune
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 3, 2024
Cal. 25 Jan. 25, 2022) (“Plaintiff's indigence does not qualify ‘as an exceptional circumstance in a 26 prisoner civil rights case’”); Gipbsin v. Kernan, No. 2:12-cv-0556 KJM DB P, 2021 WL 242570, 27 at *2 (E.D. … or portion thereof if the prisoner has 10 raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief 11 may be granted, or that seek monetary relief from a defendant who is immune
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 3, 2024
Cal. 25 Jan. 25, 2022) (“Plaintiff's indigence does not qualify ‘as an exceptional circumstance in a 26 prisoner civil rights case’”); Gipbsin v. Kernan, No. 2:12-cv-0556 KJM DB P, 2021 WL 242570, 27 at *2 (E.D. … or portion thereof if the prisoner has 10 raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief 11 may be granted, or that seek monetary relief from a defendant who is immune
Cited 0 timesUnknown
Ask Donna