Case law
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District Court, E.D. California · Aug 3, 2021
or portion thereof if the prisoner has raised claims that are legally 25 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 26 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 2 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 3 490 U.S. at 327.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 21, 2021
complaint or portion thereof if the prisoner has 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 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.
Cited 0 timesUnknown(PS) Lull v. County of Sacramento
District Court, E.D. California · Aug 31, 2021
cannot survive defendants’ motion for summary judgment. 17 Since I find summary judgment appropriate for defendants on the merits, I do not reach 18 defendants’ arguments that Lamera and Aspesi are entitled to qualified … immunity. 19 Conclusion 20 Defendants have carried their burden on summary judgment by showing that at least one 21 of the elements of plaintiff’s retaliation
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 16, 2024
Cal. 2023). 1 which relief may be granted, or if it seeks monetary relief from a defendant who is immune from 2 such relief. … Thus, a showing of deliberate indifference rests on facts clearly evincing 26 “obduracy and wantonness, not inadvertence or error in good faith.” Whitley v. Albers, 475 U.S. 27 312, 319 (1986).
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 13, 2020
Plaintiff alleges that these 7 defendants opened his mail from the O.G.I.S.3 on July 23, 2019, even though it was clearly 8 marked “legal mail.” (Id.) … To establish a violation of the right of access to the courts, a prisoner must 15 allege facts sufficient to show that: (1) a nonfrivolous legal attack on his conviction, sentence, or 16 conditions of confinement has
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 7, 2021
complaint or portion thereof if the inmate has raised claims that are legally 5 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 6 monetary relief from a defendant who is immune … established constitutional right.
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 16, 2020
complaint or portion thereof if the prisoner has raised claims that are legally 7 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 8 monetary relief from a defendant who is immune … To establish a claim of deliberate indifference arising from a delay in providing care, a 14 plaintiff must show that the delay was harmful. See Berry v.
Cited 0 timesUnknownDistrict Court, E.D. California · May 16, 2025
This means that the applicant is qualified “to apply 18 formally for an immigrant visa[.]” Id. … “The agency action must be pursuant to a legal obligation ‘so clearly set forth 5 that it could traditionally have been enforced through a writ of mandamus.’”
Cited 0 timesUnknownDistrict Court, E.D. California · May 1, 2024
complaint or portion thereof if the prisoner has raised claims that are 25 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 26 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 2 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 4, 2021
“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 13 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Specifically, plaintiff alleges 16 that he is determinately sentenced and had an established earliest possible release date of 17 November 1, 2020. ECF No. 1 at 4.
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 4, 2021
complaint or portion thereof if the prisoner has raised claims that are 3 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 4 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 8 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 11, 2021
“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 12 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … To 24 state a claim, plaintiff must allege facts establishing that (1) a state actor took some adverse action 25 against him (2) because of (3) his protected conduct, and that such action (4) chilled the inmate’s 26
Cited 0 timesUnknown(SS) Ingram v. Commissioner of Social Security
District Court, E.D. California · Dec 6, 2024
Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008). 9 To qualify for benefits under the Social Security Act, a plaintiff must establish that 10 … Counsel also emphasizes that Plaintiff was clearly incapable of formulating a question 13 about her hand limitations to the Vocational Expert, and
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 18, 2021
The court may, therefore, dismiss a claim as frivolous where it is based on an 11 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 12 490 U.S. at 327. … Mere 11 negligence on the part of the prison official is not sufficient to establish liability. Farmer, 511 12 U.S. at 835. 13 IV.
Cited 0 timesUnknownDistrict Court, E.D. California · May 19, 2021
“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 28 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Furthermore, plaintiff’s conclusory assertion that unspecified defendants are liable for 22 the actions of their subordinates is insufficient to establish such liability. See Ivey v.
Cited 0 timesUnknownIvy v. Fresno Police Department Officers
District Court, E.D. California · Sep 12, 2023
Stahl, 254 F.3d 845 (9th Cir. 2001) (dismissal required of in forma pauperis 17 proceedings which seek monetary relief from immune defendants); Cato v. … Section 13 981 establishes that the United States does not need a warrant to adopt funds lawfully seized by state and local law enforcement and 14 transferred to the federal government,
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 22, 2020
complaint or portion thereof if the prisoner has raised claims that are legally 6 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 7 monetary relief from a defendant who is immune … The plaintiff, as the moving party, bears the burden of 22 establishing the merits of his or her claims. See Winter v. Nat. Res. Def.
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 28, 2020
complaint, or any portion thereof, is subject to 19 dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be 20 granted, or if it seeks monetary relief from a defendant who is immune … Vineyards, 577 F.Supp. 454 (C.D.Cal.1983) (rejecting 18 plaintiffs' due process claim arising out of an eviction because “plaintiffs are unable to establish
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 26, 2020
established law. … If he chooses to do so, he must clearly state which defendant did what and 20 when.
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 17, 2026
The Court 28 further found that Plaintiff’s state law claims under the California Fair Employment and 1 Housing Act (“FEHA”) were adequately pled, but that Defendant County was immune 2 from liability from Plaintiff … Monell Liability 10 Defendant County alleges that Plaintiff has failed to establish Monell liability. 11 Previously, this Court held that Plaintiff did not establish
Cited 0 timesUnknown
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