Garcia v. Tafelmeyer

• Court: District Court, D. Nevada
• Decided: March 5, 2025
• Docket: 3:25-cv-00051
• Status: Unknown

Opinion

2 UNITED STATES DISTRICT COURT

3 DISTRICT OF NEVADA

5 JOEY A. GARCIA, Case No. 3:25-CV-00051-ART-CLB 6 Plaintiff, vs. ORDER ON REPORT AND 7 RECOMMENDATION OF U.S. JEREMEY TAFELMEYER, et al., MAGISTRATE JUDGE 8 (ECF No. 3.) Defendants. 9 10 Plaintiff Joey Garcia brings this action under 28 U.S.C. § 1983 against 11 Defendants Deputy Jeremey Tafelmeyer and Deputy Levi Bell. Plaintiff filed a pro 12 se civil rights complaint (ECF No. 1-1) and application to proceed in forma 13 pauperis (“IFP”) (ECF No. 1). Magistrate Judge Baldwin issued a Report and 14 Recommendation (“R&R”), which recommended granting Plaintiff’s IFP 15 application, but dismissal of Plaintiff’s complaint as duplicative of a complaint 16 already filed in another case before the court. (ECF No. 3.) 17 I. Dismissal of Complaint as Duplicative 18 Judge Baldwin’s R&R screened Plaintiff’s complaint under 28 U.S.C. § 19 1915A. Under 28 U.S.C. § 1915A, courts may dismiss duplicative complaints. 20 See Cato v. United States, 70 F.3d 1103, 1107 (9th Cir. 1995). Judge Baldwin 21 recommended dismissal because Plaintiff’s complaint in this action is identical 22 to the complaint in a previously filed action, Garcia v. Tafelmeyer, et al., 3:25-cv- 23 00038-MMD-CSD at ECF No. 1-1. 24 Plaintiff filed an objection to the R&R, stating that he does not object to 25 dismissal of this action but requesting that the Court not dismiss his other 26 action, Case No. 3:25-cv-00038. (ECF No. 6.) Plaintiff states that the law library 27 accidentally filed his complaint two times, when he intended only to file one case. 28 (ECF No. 6.) 1 The Court will therefore adopt Judge Baldwin’s R&R and dismiss this 2 || action under 28 U.S.C. § 1915A as duplicative. 3 II. Plaintiffs Updated Address 4 On February 10, 2025, the Court ordered Plaintiff to update his address, 5 || as his mail had been returned as undeliverable. (ECF No. 5.) In his objection to 6 || the R&R, Plaintiff also included an updated address indicating that he is at 7 || N.N.C.C. (ECF No. 6 at 2.) The Court will order the Clerk to update □□□□□□□□□□ 8 || address in this action accordingly. 9 III. Conclusion 10 It is therefore ordered that the Clerk of the Court update Plaintiffs address 11 || pursuant to his filing at ECF No. 6: 12 Joey Garcia #93047 13 N.N.C.C. P.O. Box 7000 14 Carson City, Nevada 89702 15 It is further ordered that Judge Baldwin’s R&R (ECF No. 3) is ADOPTED in 16 || accordance with this order. 17 It is further ordered that Plaintiff's IFP application (ECF No. 1) is DENIED 18 || AS MOOT. 19 It is further ordered that the Clerk FILE the complaint (ECF No. 1-1). 20 It is further ordered that the complaint (ECF No. 1-1) is DISMISSED without prejudice but without leave to amend in this action. 22 It is further ordered that the Clerk of the Court ENTER JUDGMENT 23 accordingly and CLOSE this case. 24 Dated this day of March 2025. 25 26 f ), Vd 27 ANNE R. TRAUM 228 UNITED STATES DISTRICT JUDGE