Case law
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2.39s
District Court, E.D. California · Mar 22, 2021
Plaintiff was informed that in any amended complaint, he must state 6 clearly what happened, when it happened or who was involved. … 18 with final authority to establish that policy.”
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 21, 2019
Pinholster: 9 There is no dispute that the clearly established federal law here is Strickland v. Washington. … Runnels, 603 F.3d 15 1127, 1131 (9th Cir. 2010) (no clearly established federal law which requires severance in the 16 presence of antagonistic defenses). 17 California law is
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 10, 2020
The court may, therefore, dismiss a claim as frivolous where it is based on an 7 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 8 490 U.S. at 327. … Mere 6 negligence on the part of the prison official is not sufficient to establish liability. Farmer, 511 7 U.S. at 835.
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 23, 2020
dismiss the complaint, or any portion 22 of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which 23 relief may be granted,” or “seeks monetary relief from a defendant who is immune … Because the facts alleged do not establish that plaintiff could not read in 28 any place in his cell (that was accessible to him) or that the cell was so dark that plaintiff could 1 not maintain its basic cleanliness,
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 22, 2023
Humphrey, 512 U.S. 477 (1994); and Defendants are entitled to 7 qualified immunity. (Doc. 52.) … However, the undisputed 4 | facts establish James was not involved in the January 29, 2018, incident (SUF 9] 76-77) and, 5 | thus, cannot be held liable for medical indifference in this case. 6 | IV.
Cited 0 timesUnknownJames Davidson Enterprises LLC v. Bolt Star LLC
District Court, E.D. California · Jan 25, 2023
The nonmoving must then 20 “establish that there is a genuine issue of material fact.” Matsushita Elec. Indus. Co. v. Zenith 21 Radio Corp., 475 U.S. 574, 585 (1986). … The arms and hub in Hendrix clearly are not integrally formed as recited 12 in claim 14.” Id. Ex. 3 at 42. Despite his use of the word “clearly,” id., Mr.
Cited 0 timesUnknown(PC) Love v. CDCR Health Care Services
District Court, E.D. California · Jul 7, 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. … A 8 showing of merely negligent medical care is not enough to establish a constitutional violation. 9 Frost v. Agnos, 152 F.3d 1124, 1130 (9th Cir. 1998), citing Estelle, 429 U.S. at 105-106.
Cited 0 timesUnknown(PC) Jones v. Dept. of Corrections
District Court, E.D. California · Mar 25, 2024
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 … Plaintiff has not clearly identified a specific 3 serous medical need.
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 19, 2021
Plaintiff was informed that in any amended complaint, he must state 6 clearly what happened, when it happened or who was involved. … To establish a failure to protect claim, the prisoner must establish that prison officials 19 were deliberately indifferent to a sufficiently serious
Cited 0 timesUnknown(SS) Shank v. Commissioner Social Security
District Court, E.D. California · Jul 7, 2022
Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008). 18 To qualify for benefits under the Social Security Act, a plaintiff must establish that 19 … “Medium work” is a term of art in disability law with a well- 7 established meaning. 20 C.F.R. § 404.1567(c).
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 25, 2020
The Supreme Court has explained that “clearly established Federal law” in § 2254(d)(1) “refers to the holdings, as opposed to the dicta, of [the Supreme Court] as of the time of the relevant state-court decision.” … Where holdings of the Supreme Court regarding the issue presented on habeas review are lacking, “it cannot be said that the state court ‘unreasonabl[y] appli[ed] clearly established Federal law.’” Carey v.
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 3, 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.
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 4, 2022
While plaintiff is proceeding pro se, it is well-established that a layperson 6 cannot ordinarily represent the interests of a class. See McShane, supra, at 288. … Be sure 28 to clearly identify who did what to violate your rights.
Cited 0 timesUnknownFernando R. Jimenez v. Placer County Sheriff’s Office, et al.
District Court, E.D. California · Aug 17, 2026
The court may, therefore, dismiss a claim as frivolous when it is based on an 18 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 19 490 U.S. at 327. … Because plaintiff claims that his dogs were not included in the search 20 warrant, this Court finds that plaintiff claims that the deprivation was unauthorized. 21 California has established a process, see Cal.
Cited 0 timesUnknownGrindstone Indian Rancheria v. Olliff
District Court, E.D. California · Aug 14, 2019
The Court dismissed the counterclaims 8 without prejudice because Defendants failed to plead an exception 9 to Grindstone’s tribal immunity. Order Granting Mot. to Dismiss, 10 ECF No. 21. … These surveys, they argue, are dispositive in 26 establishing the boundaries of public land. Mot. 12-15.
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 11, 2019
The patient does not qualify for that. He is not wheelchair bound and he is not using a wheelchair. He is able to 15 ambulate even without the help of an AFO. … Qualified IGnmunity 2 Because the facts do not show a constitutional violation, the court need not reach 3 || defendants’ qualified immunity defenses. Saucier v.
Cited 0 timesUnknown(PC) Kern v. North Kern State Prison
District Court, E.D. California · Nov 25, 2024
portion thereof if the prisoner has raised claims that are legally 25 “frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or that 26 “seek[] monetary relief against a defendant who is immune … CDCR, 707 F.3d 1114, 1130 21 (9th Cir. 2013) (“A district court may deny leave to amend when amendment would be futile.”). 22 Here, Plaintiff’s allegations, at most, allege negligence by Defendants which is clearly 23
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 20, 2022
complaint or portion thereof if the prisoner raised claims that are legally 2 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 3 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when it is based on an 7 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 8 490 U.S. at 327.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 18, 2020
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. … To establish a violation of this 7 duty, a prisoner must “show that the officials acted with deliberate indifference to threat of 8 serious harm or injury to an inmate.” Labatad, 714 F.3d at 1160 (citing Gibson v.
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 20, 2020
a). 1 The Court must dismiss a complaint or portion thereof if the complaint is frivolous or malicious, 2 fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant 3 who is immune … The ADA defines “qualified individual with a disability” as “an 2 individual with a disability who, with or without reasonable modifications to rules, policies, or 3 practices, the removal of architectural, communication
Cited 0 timesUnknown
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