Case law
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District Court, E.D. California · Jun 6, 2023
Further, where courts of appeals have diverged in their treatment 20 of an issue, it cannot be said that there is “clearly established Federal law” governing that issue. 21 Carey v. … Lewis, 833 F.3d 1001, 1030 (9th Cir. 2016) (citation omitted). 14 Justice Kennedy’s concurrence constitutes “clearly established law” for purposes of 15 analysis under 28 U.S.C. § 2254(d).
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 3, 2022
Woodall, 572 U.S. 415, 419 (2014). 10 “Clearly established federal law” consists of the governing legal principles in the 11 decisions of the United States Supreme Court when the state court issued its decision. … A decision is “contrary 14 to” clearly established federal law if the state court either: (1) applied a rule that contradicts the 15 governing law set forth by Supreme Court case law; or (2) reached a different result
Cited 0 timesUnknown(SS) Quiroz v. Commissioner of Social Security
District Court, E.D. California · Nov 6, 2023
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 … She also notices some itching of her incisions. 7 Clearly, the reference to “doing well” refers to incision site healing and lack
Cited 0 timesUnknownDistrict Court, E.D. California · May 18, 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.
Cited 0 timesUnknown(SS) Compean v. Commissioner of Social Security
District Court, E.D. California · Jun 27, 2025
The party appealing 24 the ALJ’s decision generally bears the burden of establishing that it was harmed. … As 25 is the case here, the Appeals Council’s decision does not always address all relevant factors in the 26 applicable regulations nor clearly state whether it did or did not consider the additional records. 27 See
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 30, 2022
complaint, or any portion thereof, is subject to dismissal if it is frivolous 27 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 28 relief from a defendant who is immune … displays the genitalia, pubic area, or anus of either gender (including those waring clothing that by design or by manner in 22 which it is worn, allows the anatomical detail of genitalia to be clearly
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 25, 2023
“[A] judge may dismiss IFP claims which are ‘based on indisputably meritless legal 4 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … However, the decisions of qualified professionals 2 regarding treatment are presumed valid and a professional will only be liable when their decision 3 “is such a substantial departure from accepted professional judgment
Cited 0 timesUnknown(SS) Dean v. Commissioner of Social Security
District Court, E.D. California · Feb 28, 2024
A 10 claimant establishes a prima facie case of qualifying disability once she has carried the burden of 11 proof from step one through step four. 12 B. … Zurko, 23 527 U.S. 150, 153 (1999) (comparing the substantial-evidence standard to the deferential clearly- 24 erroneous standard). “[T]he threshold for such evidentiary sufficiency is not high.”
Cited 0 timesUnknown(SS) Garcia de Carrillo v. Commissioner of Social Security
District Court, E.D. California · Aug 10, 2023
A 8 claimant establishes a prima facie case of qualifying disability once she has carried the burden of 9 … Zurko, 527 U.S. 150, 153 (1999) (comparing the substantial-evidence 18 standard to the deferential clearly-erroneous standard). “[T]he threshold for such evidentiary 19 sufficiency is not high.” Biestek, 139 S.
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 19, 2019
Plaintiff must clearly identify 16 which defendant he believes is responsible for each violation of his rights and set forth the 17 supporting factual basis for these claims. … To 15 establish such a claim, a prisoner must first “show a serious medical need by demonstrating that 16 failure to treat [the] prisoner’s condition could result in further significant injury or the 17 unnecessary
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 22, 2021
From 12 the Federal Bureau of Prisons program statement, you can clearly see that A. … The basis 8 of a Bivens action is some illegal or inappropriate conduct on the part of a federal official or agent 9 that violates a clearly established constitutional right. Baiser v.
Cited 0 timesUnknown(SS) Puckett v. Commissioner of Social Security
District Court, E.D. California · Jul 21, 2020
Plaintiff also asserts that neither physician was a gynecological expert 7 qualified to perform the examination. Id. … when the available medical record has no 16 “meaningful gaps” the ALJ can rely on the date of a doctor’s examination as the disability onset 17 date and “need not call on a medical advisor when the available evidence clearly
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 1, 2020
Huffman’s testimony) at 735:5–11 (“The 2 majority of [rhizomes] were clearly dead and decomposing.”). 3 119. … Also in 2015, grading took place to establish a dirt road across the 21 island.
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 8, 2021
complaint or portion thereof if the prisoner 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 … Rather, for 10 disciplinary proceedings that include the loss of good time credits, Wolff established that an 11 inmate must receive (1) twenty-four-hour advanced written notice of the charges against him, id. 12 at
Cited 0 timesUnknownGoree-White v. County of San Joaquin
District Court, E.D. California · Sep 9, 2021
But the court will dismiss such unnamed defendants if discovery clearly would not uncover their identities or if the complaint would clearly be dismissed on other grounds. Id. at 642. … City of Ellensburg, 869 F.2d 1230, 1235 (9th Cir. 1989) (one 5 incident cannot establish policy). 6 The court thus also dismisses claims 4, 5 and 6 against the County defendants
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 22, 2020
Titan Capital Corp., 914 F.2d 26 1564, 1575 (9th Cir. 1990). 27 In the endeavor to establish the existence of a factual dispute, the opposing party need not 28 establish … Torres, 610 F.3d 546, 554 (9th Cir. 2010) (requiring plaintiffs to show an 6 officer’s conduct “shocks the conscience” to prevail on a substantive due process claim). 7 In addition, the locator cards clearly note
Cited 0 timesUnknown(HC)Gonzalez Chavez v. Becerra
District Court, E.D. California · Mar 5, 2025
Government’s Interest 18 With respect to the third and final factor, the Court recognizes that “the government 19 clearly has a strong interest in preventing aliens from ‘remain[ing … Feb. 13, 2018) (“The Court finds the IJ is 12 uniquely qualified and situated to make neutral administrative determinations about Petitioner’s 13 eligibility for release on bond and/or placement in a supervised release
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 4, 2025
Phoenix Software, Inc., 739 F.2d 1415, 1422 (9th Cir. 1984). 6 A preliminary injunction represents the exercise of “a very far reaching power never to be 7 indulged in except in a case clearly warranting it.” … Disciplinary Reports and Proceedings 7 A prisoner has no constitutionally-guaranteed immunity from being falsely or wrongly 8 accused of conduct that may lead to disciplinary sanctions.
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 24, 2023
Plaintiff also states that he “is on 50% credit but can’t [qualify to receive this credit 10 and have his time reduced] without a job.” … The very obviousness of the risk may suffice to establish the knowledge element. 27 See Wallis v. Baldwin, 70 F.3d 1074, 1077 (9th Cir. 1995).
Cited 0 timesUnknownNash-Perry v. City of Bakersfield
District Court, E.D. California · Jan 3, 2023
It clearly was a waste of the Court’s limited time and 1 On May 16, 2022, Ms. Cohen emailed Plaintiffs’ counsel—including both Mr. … See WLD Investors, Inc., 35 Fed. 25 App’x at 612 (9th Cir. 2002) (the moving party’s “extreme lack of diligence” did not establish manifest injustice).
Cited 0 timesUnknown
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