Garcia v. Tafelmeyer et al

Filing 7

ORDER - It is therefore ordered that the Clerk of the Court update Plaintiff's address pursuant to his filing at ECF No. 6: Joey Garcia, #93047, N.N.C.C., P.O. Box 7000, Carson City, Nevada 89702. It is further or dered that Judge Baldwin's R&R (ECF No. 3 ) is ADOPTED in accordance with this order. It is further ordered that Plaintiffs IFP application (ECF No. 1) is DENIED AS MOOT. It is further ordered that the Clerk FILE the complaint (E CF No. 1-1). It is further ordered that the complaint (ECF No. 1-1) is DISMISSED without prejudice but without leave to amend in this action. It is further ordered that the Clerk of the Court ENTER JUDGMENT accordingly and CLOSE this case. Signed by District Judge Anne R. Traum on 3/5/2025. (Copies have been distributed pursuant to the NEF - GA)

Case 3:25-cv-00051-ART-CLB

Document 7

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOEY A. GARCIA,
vs.

Case No. 3:25-CV-00051-ART-CLB

Plaintiff,

ORDER ON REPORT AND
RECOMMENDATION OF U.S.
MAGISTRATE JUDGE
(ECF No. 3.)

JEREMEY TAFELMEYER, et al.,
Defendants.

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Plaintiff Joey Garcia brings this action under 28 U.S.C. § 1983 against

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Defendants Deputy Jeremey Tafelmeyer and Deputy Levi Bell. Plaintiff filed a pro

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se civil rights complaint (ECF No. 1-1) and application to proceed in forma

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pauperis (“IFP”) (ECF No. 1). Magistrate Judge Baldwin issued a Report and

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Recommendation

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application, but dismissal of Plaintiff’s complaint as duplicative of a complaint

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already filed in another case before the court. (ECF No. 3.)

(“R&R”),

which

recommended

granting

Plaintiff’s

IFP

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I.

Dismissal of Complaint as Duplicative

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Judge Baldwin’s R&R screened Plaintiff’s complaint under 28 U.S.C. §

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1915A. Under 28 U.S.C. § 1915A, courts may dismiss duplicative complaints.

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See Cato v. United States, 70 F.3d 1103, 1107 (9th Cir. 1995). Judge Baldwin

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recommended dismissal because Plaintiff’s complaint in this action is identical

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to the complaint in a previously filed action, Garcia v. Tafelmeyer, et al., 3:25-cv-

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00038-MMD-CSD at ECF No. 1-1.

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Plaintiff filed an objection to the R&R, stating that he does not object to

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dismissal of this action but requesting that the Court not dismiss his other

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action, Case No. 3:25-cv-00038. (ECF No. 6.) Plaintiff states that the law library

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accidentally filed his complaint two times, when he intended only to file one case.

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(ECF No. 6.)

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Case 3:25-cv-00051-ART-CLB

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The Court will therefore adopt Judge Baldwin’s R&R and dismiss this
action under 28 U.S.C. § 1915A as duplicative.

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II.

Plaintiff’s Updated Address

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On February 10, 2025, the Court ordered Plaintiff to update his address,

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as his mail had been returned as undeliverable. (ECF No. 5.) In his objection to

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the R&R, Plaintiff also included an updated address indicating that he is at

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N.N.C.C. (ECF No. 6 at 2.) The Court will order the Clerk to update Plaintiff’s

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address in this action accordingly.

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III.

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It is therefore ordered that the Clerk of the Court update Plaintiff’s address

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pursuant to his filing at ECF No. 6:
Joey Garcia
#93047
N.N.C.C.
P.O. Box 7000
Carson City, Nevada 89702

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Conclusion

It is further ordered that Judge Baldwin’s R&R (ECF No. 3) is ADOPTED in
accordance with this order.
It is further ordered that Plaintiff’s IFP application (ECF No. 1) is DENIED
AS MOOT.

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It is further ordered that the Clerk FILE the complaint (ECF No. 1-1).

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It is further ordered that the complaint (ECF No. 1-1) is DISMISSED

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without prejudice but without leave to amend in this action.
It is further ordered that the Clerk of the Court ENTER JUDGMENT
accordingly and CLOSE this case.
Dated this 5th day of March 2025.

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ANNE R. TRAUM
UNITED STATES DISTRICT JUDGE

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