Opinion
No. CV-06-166-MWL.
October 2, 2006
ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DISMISSING ACTION
Magistrate Judge Leavitt Imbrogno filed a Report and Recommendation on August 29, 2006, recommending Mr. Perales Flores's application to proceed in forma pauperis be denied and the action 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.").
Nothing in federal law precludes local law enforcement officials from arresting individuals for violations of 8 U.S.C. § 1325. There being no objections, the court ADOPTS the Report and Recommendation. The Application to Proceed in forma pauperis (Ct. Rec. 2) is DENIED and the action is DISMISSED with prejudice. 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.