Case law

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  • Conservation Congress v. United States Forest Service

    555 F. Supp. 2d 1093 · District Court, E.D. California · May 13, 2008

    The STNF LRMP also established a rather inscrutable “Monitoring Action Plan” 6 with three levels of monitoring, ranging from the general to the more specific. AR 4305-06. … This exceeds the minimum standards established in the [LRMP].”)

    Cited 9 timesPublished
  • (PC) Fairchild-Littlefield v. Attinello

    District Court, E.D. California · Oct 30, 2020

    “[E]ven gross negligence is insufficient to establish a 19 constitutional violation.” Id. (citing Wood v. … The amended complaint should be 23 clearly and boldly titled “Second Amended Complaint,” refer to the appropriate case number, 24 and be an original signed under penalty of perjury. 25 Based

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  • (SS) Koochou v. Commissioner of Social Security

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

    . §§ 404.1520 (a)-(f) and 416.920(a)-(f). 8 9 To qualify for benefits, the claimant must establish the inability to engage in 10 … Any alleged error by the ALJ in failing to fully develop the record by clearly ascertaining what 17 work Plaintiff did prior to 2000 and for how long was harmless because he could not

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  • (PC) Downs v. Jiminez

    District Court, E.D. California · Oct 18, 2023

    complaint or portion thereof if the prisoner has raised claims that are 23 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 24 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 28 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

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  • (PC) McCoy v. Massey

    District Court, E.D. California · May 25, 2021

    “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 1 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … To establish a 9 claim of deliberate indifference arising from delay in providing care, plaintiff must show that the 10 delay itself was harmful. See Hallett v.

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  • (PC) Ellis v. Crivello

    District Court, E.D. California · Dec 11, 2024

    or portion thereof if the prisoner has raised 12 claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be 13 granted, or that seek monetary relief from a defendant who is immune … Plaintiff is advised that in an amended complaint he must clearly identify each 4 defendant and the action that defendant took that violated his legal rights.

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  • (PC) Gunn v. Stanton Correctional Facility

    District Court, E.D. California · Aug 10, 2021

    complaint or portion thereof if the prisoner has raised claims that are 8 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 9 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 13 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

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  • Hemphill v. Farr

    District Court, E.D. California · Apr 15, 2020

    “The requisite causal connection may be established when an 18 official sets in motion a ‘series of acts by others which the actor knows or reasonably should know would cause others to inflict’ constitutional harms. … The amended complaint should be clearly and 6 boldly titled “First Amended Complaint,” refer to the appropriate case number, and be an original

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  • (PC) Nieto v. Gordon

    District Court, E.D. California · Jun 2, 2020

    In order to establish a claim for the use of excessive force in violation of 18 the Eighth Amendment, a plaintiff must establish that prison officials applied force maliciously and 19 sadistically to cause harm, rather … The amended complaint should be clearly titled, in bold font, “First Amended 19 Complaint,” reference the appropriate case number, and be an original signed under penalty of 20 perjury.

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  • Tennyson v. County of Sacramento

    District Court, E.D. California · Jul 20, 2020

    The court will ordinarily 13 “dismiss such unnamed defendants if discovery clearly would not uncover their identities or if the 14 complaint would clearly be dismissed on other grounds. … Defendants assert 17 “[m]erely being afflicted with some respective limitations in movement does not qualify as an 18 impairment that substantially limits a major life activity.” Id.

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  • Crownholm v. Moore

    District Court, E.D. California · Dec 27, 2022

    The Act’s licensing requirement helps ensure that those 26 practicing land surveying are qualified and competent to do so and follow the applicable laws. 27 (See Doc. … if its 16 prohibitions are not clearly defined.”

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  • Lawrence v. Wells Fargo Bank, NA

    District Court, E.D. California · Dec 5, 2023

    determines that the allegation of 7 poverty is untrue, or that the action or appeal is frivolous or malicious, fails to state a claim upon 8 which relief may be granted, or seeks monetary relief against a defendant who is immune … Co., 319 F.3d 1089, 1090-91 (9th Cir. 2003). 12 The amended complaint should be clearly titled “Second Amended Complaint,” refer to 13 the appropriate case number, and be an original signed under penalty of perjury

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  • (PS) Olson v. Puckett

    District Court, E.D. California · Aug 31, 2022

    District courts must deny requests for mandatory injunctions unless the law and facts clearly 7 favor a moving party. Id. The Court will not grant such requests in doubtful cases. … 3 established constitutional rights.”

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  • (PC) Barth v. Borbe

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

    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. … : 8 Every person who, under color of [state law] . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation 9 of any rights, privileges, or immunities

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  • (PC) Fontaine v. Shasta County Sheriff

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

    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. … Mere 2 negligence on the part of the prison official is not sufficient to establish liability. Farmer, 511 3 U.S. at 835. 4 IV.

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  • (PC) Gleason v. Lee

    District Court, E.D. California · Sep 25, 2020

    Lutz, 329 F.3d 692, 697-98 14 (9th Cir. 2003) (“[T]his circuit has repeatedly acknowledged that withholding delivery of inmate 15 mail must be accompanied by the minimum procedural safeguards established in Martinez.” … ). 16 In light of the foregoing findings, the court finds it unnecessary to reach defendants’ 17 qualified immunity arguments. 18 V.

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  • (PC) Valdez v. Pickett

    District Court, E.D. California · Jan 5, 2021

    The court may, therefore, dismiss a claim as frivolous where it is based on an 24 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 25 490 U.S. at 327. … He also 16 contends that his due process rights were violated because it cannot be shown that some evidence 17 existed to establish that he constructively possessed the methamphetamine-soaked card.

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  • (PS) Bisi v. Chase Bank, NA

    District Court, E.D. California · May 19, 2025

    Id. 7 Plaintiff states he made a Qualified Written Request (“QWR”) to Chase on May 20, 2023. … Limited delays and the pendency of a lawsuit are 16 insufficient to establish prejudice. Id.

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  • (PC) Rabb v. Pickett

    District Court, E.D. California · Jul 30, 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. … Procedural Due Process 6 The existence of a prison grievance procedure establishes a procedural right only and 7 “does not confer any substantive right upon the inmates.”

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  • (PC) Alexander v. Lucas

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

    “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 28 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Neither negligence nor recklessness is sufficient to establish 2 deliberate indifference. Farmer v. Brennan, 511 U.S. 825, 835-837 (1994).

    Cited 0 timesUnknown

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