Opinion
No. CV-06-5048-MWL.
October 20, 2006
ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING IN FORMA PAUPERIS STATUS AND DISMISSING ACTION
Magistrate Judge Leavitt filed a Report and Recommendation on September 27, 2006, recommending Mr. Perales Flores's application to proceed in forma pauperis be denied and this action be dismissed as Plaintiff's allegations were legally frivolous. See O'Loughlin v. Doe, 920 F.2d 614, 617 (9th Cir. 1990); Tripati v. First Nat'l Bank Trust, 821 F.2d 1368, 1369-70 (9th Cir. 1987) ("A district court may deny leave to proceed in forma pauperis at the outset if it appears from the face of the proposed complaint that the action is frivolous or without merit.").
Plaintiff initiated this action in the Western District of Washington, prior to his deportation to Mexico. He is presently in Tijuana, Mexico, and is no longer incarcerated. On October 18, 2006, the court received a faxed letter from Mr. Perales Flores, asking the court to continue with his case due to his poverty and homelessness.
Plaintiff is advised the court will not consider documents sent via fax and will not respond via fax pursuant to the Court's Administrative Procedures for Electronic Case Filing, at pages 3, 17 and 18. At this time, the court has reviewed the Report and Recommendation and Mr. Perales Flores's submissions. For the reasons set forth below, IT IS ORDERED the Report and Recommendation (Ct. Rec. 12) is ADOPTED in its entirety.
In his complaint, Mr. Perales Flores claimed an employee of the Walla Walla County Sheriff's Department, Robert Daschofsky, "set up Imigration [sic] against me." Plaintiff complains he was arrested in a hotel pursuant to an immigration warrant on an unspecified date. He claims Defendant Daschofsky discriminated against Plaintiff and "committed fraud" when he allegedly informed Immigration he had seen Plaintiff on the streets.
Contrary to Plaintiff's assertions, however, there is no federal constitutional provision which precludes one law enforcement officer from informing another law enforcement agency of the presence of a suspected illegal alien. Plaintiff's allegations have no basis in law or fact. See Neitzke v. Williams, 490 U.S. 319, 325 (1989). Accordingly, IT IS ORDERED Plaintiff's request to proceed in forma pauperis under 28 U.S.C. § 1915 is DENIED. IT IS FURTHER ORDERED This action is DISMISSED as frivolous. IT IS SO ORDERED. The District Court Executive is directed to enter this Order, enter judgment, forward a copy to Plaintiff at his last known address and close the file.