(PS) Samuelian v. US Treasury et al, No. 2:2018cv02516 - Document 3 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/14/2018 RECOMMENDING that this action be dismissed as duplicative. Plaintiff's 2 motion to proceed in forma pauperis be denied as moot. The Clerk of Court be directed to close this case. Referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SANDRA C. SAMUELIAN, No. 2:18-cv-2516-JAM-KJN PS 12 Plaintiff, 13 v. 14 15 FINDINGS AND RECOMMENDATIONS U.S. TREASURY, et al., 16 Defendants. 17 On September 17, 2018, plaintiff Sandra Samuelian commenced the instant action against 18 19 the U.S. Treasury, the California Treasury, Sacramento County, and the California Board of 20 Equalization requesting a refund of certain alleged overpayments. (ECF No. 1.) However, this 21 action is duplicative of an earlier action filed by plaintiff on April 23, 2018, against the same 22 defendants, likewise seeking a refund of alleged overpayments. See 2:18-cv-995-JAM-EFB. To 23 the extent that plaintiff wishes to modify or assert additional claims against the named defendants, 24 she is required to seek leave to amend her complaint, as necessary, in the earlier action in lieu of 25 filing a new, duplicative action. In recommending dismissal of this duplicative action, the court expresses no opinion 26 27 regarding the potential merits of plaintiff’s claims. 28 //// 1 1 Therefore, IT IS HEREBY RECOMMENDED that: 2 1. This action be dismissed as duplicative. 3 2. Plaintiff’s motion to proceed in forma pauperis in this action (ECF No. 2) be denied as 4 moot. 5 3. The Clerk of Court be directed to close this case. 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 8 days after being served with these findings and recommendations, any party may file written 9 objections with the court and serve a copy on all parties. Such a document should be captioned 10 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 11 shall be served on all parties and filed with the court within fourteen (14) days after service of the 12 objections. The parties are advised that failure to file objections within the specified time may 13 waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th 14 Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 15 16 IT IS SO RECOMMENDED. Dated: November 14, 2018 17 18 19 20 21 22 23 24 25 26 27 28 2