Case law

Walker v. Police Chief

District Court, E.D. California · Dec 12, 2019

Plaintiff must clearly identify which 27 Defendant(s) he believes are responsible for each violation of his constitutional rights and the 28 supporting factual basis because his complaint must put each Defendant on notice … Plaintiff has the burden 12 to establish state action under one of the foregoing tests.

(PC) McPherson v. Green

District Court, E.D. California · Jun 30, 2023

complaint or portion thereof if the prisoner raised claims that are legally 8 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 9 monetary relief from a defendant who is immune … 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.

Mendoza v. Doubleroad Truck & Bus Tyres

District Court, E.D. California · Feb 10, 2023

determines that the allegation of poverty 7 is untrue, or that the action or appeal is frivolous or malicious, fails to state a claim upon which 8 relief may be granted, or seeks monetary relief against a defendant who is immune … Liberally construed, these allegations establish diversity of citizenship. 3 See Yahoo! Inc. v.

(SS) Sanchez v. Commissioner of Social Security

District Court, E.D. California · Feb 13, 2020

. §§ 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 … This is clearly contrasted 21 with the current case at issue.

(PC) Martinez v. Davey

District Court, E.D. California · Feb 7, 2020

or portion thereof if the prisoner has raised claims 21 that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, 22 or that seek monetary relief from a defendant who is immune … Attaching exhibits rarely helps and in this case has clearly 17 hindered Plaintiff’s ability to state his claims properly.

Coleman v. County of Kings

District Court, E.D. California · Dec 9, 2024

Plaintiffs’ 7 opposition responds to this argument by setting forth the requirements to establish an equal 8 protection claim, discussing several cases which illustrate how certain elements can be 9 established, and … 22 established.”

(HC) Sengchareun v. Thompson

District Court, E.D. California · Sep 14, 2021

Although Sengchareun avers that he has obtained earned time credits since he entered custody in 2013, a review of the legislation shows that earned time credits have not yet been established. … The First Step Act clearly allows BOP to phase in and gradually implement the earned time credits system. See 19 U.S.C. § 3621(h)(2)(A).

(PC) Cortinas v. Ikegbu

District Court, E.D. California · May 1, 2023

complaint or portion thereof if the prisoner raised claims that are legally 8 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 9 monetary relief from a defendant who is immune … A 19 showing of merely negligent medical care is not enough to establish a constitutional violation. 20 Frost v. Agnos, 152 F.3d 1124, 1130 (9th Cir. 1998), citing Estelle, 429 U.S. at 105-106.

Duvall v. Reliance Standard Life Insurance

646 F. Supp. 2d 1188 · District Court, E.D. California · Aug 13, 2009

ERISA regulations require that employee benefit plans “establish and maintain reasonable procedures governing ... appeal of adverse benefit determinations.” 29 C.F.R. § 2560.503 -l(b). … Applying legal standards to what is clearly a stacked deck brings discredit to the legal process. 12 .

(PC) Staggs v. Kelly

District Court, E.D. California · Aug 27, 2019

or portion thereof if the prisoner has 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 … July 8, 2016) (“[T]he Court has been 23 unable to locate, any authority, federal or otherwise, establishing that an inmate is guaranteed the 24 effective assistance of his assigned investigative employee.”) 25

(PC) Miller v. Amador County Jail

District Court, E.D. California · Dec 16, 2022

complaint or portion thereof if the prisoner 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 … 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.

Washington v. Dillard

District Court, E.D. California · Jun 30, 2023

portion thereof if the prisoner has raised claims that are legally 28 “frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or that 1 “seek[] monetary relief against a defendant who is immune … Thus, to 8 comply with Rule 8, a complaint should clearly and fully set forth “who is being sued, for what 9 relief, and on what theory, with enough detail to guide discovery.” Id.

(PC) Singh v. Sacramento County Sheriff RCCC

District Court, E.D. California · Jun 30, 2023

complaint or portion thereof if the prisoner raised claims that are legally 8 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 9 monetary relief from a defendant who is immune … 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.

(PS) Johnson v. Solano County Sheriff,.

District Court, E.D. California · Feb 28, 2023

Plaintiff’s FAC clearly indicates that he 25 is suing defendants Cynthia Hill, Adrian Torres, and Marc Avecilla in an individual capacity. (Id. 26 at 2-3.) … May 24, 2011) (stating that cuts and 9 bruises were not a serious medical need where plaintiff failed to establish the severity of the 10 injuries).

Jesus Pardo Ruiz v. Warden of the Golden State Annex Detention Facility

District Court, E.D. California · Apr 3, 2026

Rodriguez, 583 U.S. 281, 288 (2018). 14 While the text of section 1225(b)(2)(A) limits its reach to applicants “seeking admission,” 15 section 1226(a) does not include the same qualifying language. … At this hearing, the government shall bear the burden of 18 establishing, by clear and convincing evidence, that petitioner poses a danger to the community or 19 a risk of flight, and petitioner shall be allowed to have

(PC) White v. Pfeiffer

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

a violation of this duty, the prisoner must establish that prison officials were 6 “deliberately indifferent to a serious threat to the inmate’s safety.” … The amended 22 complaint should be clearly and boldly titled “First Amended Complaint,” refer to the appropriate 23 case number, and be an original signed under penalty of perjury. 24 Accordingly, IT IS

(PC) Rood v. Secretary

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

In addition, Plaintiff does not name and clearly 2 link each of the alleged individuals who observed and failed to intervene. … There is no constitutionally guaranteed immunity from being falsely or 4 wrongly accused of conduct which may result in the deprivation of a protected liberty interest. Sprouse 5 v.

(PC) Thomas v. Fernandes

District Court, E.D. California · Apr 22, 2025

cognizable claims and 13 dismiss the complaint, or any portion, if is frivolous or malicious, if it fails to state a claim upon 14 which relief may be granted, or if it seeks monetary relief from a defendant who is immune … Regardless 27 of whether the dismissal was with or without prejudice, a dismissal for failure to state a claim qualifies as a strike under § 1915(g). Lomax, 140 S. Ct. at 1727.

(PC) Barela v. Stockton Police Department

District Court, E.D. California · Jan 23, 2023

complaint or portion thereof if the 5 prisoner has raised claims that are legally “frivolous or malicious,” that fail to state a claim upon 6 which relief may be granted, or that seek monetary relief from a defendant who is immune … The court may dismiss a claim as frivolous if it is based 10 on an indisputably meritless legal theory or where the factual contentions are clearly baseless. 11 Neitzke, 490 U.S. at 327.

(PC) Dixson v. Haile

District Court, E.D. California · Oct 7, 2020

The court may, therefore, dismiss a claim as frivolous where it is based on an 8 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 9 490 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.