(PS) Noeldner v. United States Government et al

Filing 3

ORDER signed by Magistrate Judge Deborah Barnes on 10/4/19 ORDERING that within twenty-one days of the date of this order plaintiffs shall submit an amended complaint signed by all plaintiffs named in the amended complaint and within twenty-one days of the date of this order each plaintiff named in the amended complaint shall file a motion to proceed in forma pauperis or plaintiffs shall pay the applicable filing fee. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JONATHAN LYNN NOELDNER,
ANGELA TEARLE NOELDNER,

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Plaintiffs,

No. 2:19-cv-0775 KJM DB PS

ORDER

v.
UNITED STATES GOVERNMENT, et
al.,
Defendants.

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Plaintiffs Jonathan Noeldner and Angela Noeldner are proceeding in this action pro se.

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This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28

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U.S.C. § 636(b)(1). On May 2, 2019, plaintiffs filed a complaint and plaintiff Jonathan Noeldner

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filed a motion to proceed in forma pauperis. (ECF Nos. 1 & 2.) Plaintiffs’ complaint alleges that

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the defendants are responsible for a forest fire that damaged plaintiffs’ property.

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Plaintiffs’ complaint, however, is signed only by plaintiff Jonathan Noeldner. (Compl.

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(ECF No. 1) at 5.) Plaintiffs are advised that the right to represent oneself pro se is personal and

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does not extend to other parties. Simon v. Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008);

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see also Russell v. United States, 308 F.2d 78, 79 (9th Cir. 1962) (“A litigant appearing in propria

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persona has no authority to represent anyone other than himself.”). Moreover, a non-attorney
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“has no authority to appear as an attorney for others than himself.” C.E. Pope Equity Trust v.

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U.S., 818 F.2d 696, 697 (9th Cir. 1987). Individuals who are representing themselves in this

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court may not delegate the litigation of their claims to any other individual. Local Rule 183(a).

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In this regard, the name, address, and telephone number of each party must be included in the

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upper left-hand corner of each document presented for filing and each plaintiff must sign each

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document they file. Local Rule 131(a) and (b); Fed. R. Civ. P. 11.

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Moreover, only plaintiff Jonathan Noeldner has filed an application to procced in forma

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pauperis. Each plaintiff seeking leave to proceed in forma pauperis must submit a separate

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application for leave to proceed in forma pauperis. Filing fees must be paid unless each plaintiff

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applies for and is granted leave to proceed in forma pauperis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within twenty-one days of the date of this order plaintiffs shall submit an amended

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complaint signed by all plaintiffs named in the amended complaint; and
2. Within twenty-one days of the date of this order each plaintiff named in the amended

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complaint shall file a motion to proceed in forma pauperis or plaintiffs shall pay the applicable

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filing fee.

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DATED: October 4, 2019

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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