(PS) Noeldner v. United States Government ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN LYNN NOELDNER, and No. 2:19–cv–2166–TLN–KJN (PS) ANGELA TEARLE NOELDNER 12 ORDER Plaintiffs, 13 (ECF Nos. 1, 2, 3) v. 14 U.S. DEPARTMENT OF 15 AGRICULTURE, et al., 16 Defendants. 17 18 Plaintiffs, who are proceeding without counsel in this action, filed a complaint arising 19 from the alleged loss of property from a 2016 fire. (ECF No. 1.) Plaintiffs have requested leave 20 to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.1 (ECF Nos. 2, 3.) Under 28 U.S.C. 21 § 1915, the court is to review the complaint to determine if it is frivolous or malicious, if it fails to 22 state a claim on which relief may be granted, or if it seeks monetary relief against an immune 23 defendant. See Id. Pro se pleadings are liberally construed. See Haines v. Kerner, 404 U.S. 519, 24 520-21 (1972); Balistreri v. Pacifica Police Dep’t., 901 F.2d 696, 699 (9th Cir. 1988). 25 Upon further inspection, the undersigned notes that this action is duplicative of another 26 action presently pending before the Court. See 2:19–cv–775–KJM–DB. In fact, Plaintiffs’ 27 1 This action proceeds before the undersigned pursuant to Local Rule 302(c)(21) and 28 U.S.C. 28 § 636(b)(1). 1 | filings in the instant case are directly responsive to Magistrate Judge Barnes’s order in the earlier 2 || case, issued October 7, 2019. See Id. at ECF No. 3 (finding Plaintiff Jonathan Noeldner’s 3 | Complaint deficient because it was not signed by Angela Noeldner, finding Jonathan and Angela 4 | Noeldner’s IFP application deficient because Angela Noeldner did not submit her own IFP 5 | application, and ordering these defects to be corrected). Thus, it appears that in responding to 6 | Magistrate Judge Barnes’s order, Plaintiffs have inadvertently opened a new action. 7 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall: 8 1. File the complaint and motions to proceed in forma pauperis (2:19—cv—2166, ECF Nos. □□□ 9 3) under the first action (2:19-cv—775); 10 2. Add Plaintiff Angela Noeldner as a named plaintiff in the 2:19-cv—775 action; 11 3. Administratively close the 2:19-cv—2166 action; and 12 4. Make the appropriate adjustment in the assignment of civil cases to compensate for this 13 reassignment. 14 | □□ □□ SO ORDERED. 15 || Dated: November 6, 2019 Aectl Aharon 17 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 18 noel.2166 19 20 21 22 23 24 25 26 27 28