Marsh

I. INTRODUCTION

18 Plaintiffs Terrance Marsh and Gesele Marsh proceed pro se and in forma pauperis (IFP) 19 in this civil action. (ECF Nos. 1, 7, 9). Because they proceed IFP, their complaint and amended 20 complaint were screened pursuant to 28 U.S.C. § 1915, with the Court ultimately allowing this 21 case to proceed on a claim under the Fair Credit Reporting Act (FCRA). (ECF Nos. 8, 10). 22 This matter is now before the Court on the motion to dismiss, filed under Federal Rule of 23 Civil Procedure 12(b)(6), brought by Defendant Freedom Mortgage Corporation, which argues 24 that Plaintiffs have failed to state a claim upon which relief may be granted. (ECF No. 34). 25 Plaintiffs have filed an opposition (ECF No. 41); and Defendant has failed to file a reply within 26 the time permitted under Local Rule 230(d). On January 13, 2025, the assigned District Judge 27 referred the motion “for appropriate action.” (ECF No. 43). Accordingly, this matter is ripe. 28 1 Because Defendant’s motion to dismiss is aimed at the allegations in the initial 2 complaint—rather than Plaintiffs’ operative amended complaint—the Court will recommend that 3 Defendant’s motion to dismiss be…