Flores v. Daschofsky, No. 1:2009cv02108 - Document 6 (E.D. Cal. 2010)
Court Description: ORDER VACATING 4 FINDINGS AND RECOMMENDATIONS; ORDER TRANSFERRING CASE to United States District Court Eastern District of Washington signed by Magistrate Judge Gary S. Austin on 3/2/2010. (Sant Agata, S)
Download PDF
<![CDATA[
Flores v. Daschofsky Doc. 6 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 JAIME PERALEZ FLORES, 13 14 15 16 17 ) ) Petitioner, ) ) v. ) ) ) ROBERT DASCHOFSKY, ) ) Respondent. ) ____________________________________) 1:09-CV-2108 OWW-GSA ORDER VACATING FINDINGS AND RECOMMENDATIONS ORDER TRANSFERRING CASE TO UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON (Docs. 2 and 4) 18 19 Plaintiff, Jaime Peralez Flores (“Plaintiff”), is proceeding pro se and filed a complaint 20 alleging civil rights violations pursuant to 42 U.S.C. § 1983. On December 2, 2009, Plaintiff filed a 21 motion to proceed in forma pauperis, however, he did not complete the application form. On 22 December 10, 2009, this Court issued an order that within forty-five (45) days, Plaintiff shall file a 23 completed application to proceed in forma pauperis, or in the alternative, pay the $350.00 filing fee. 24 The deadline for filing the completed application was January 25, 2010. Plaintiff did not timely 25 comply with the Court’s order. On February 2, 2010, this Court issued Findings and 26 Recommendations that the Plaintiff’s case be dismissed for failure to comply with the Court’s order. 27 On February 23, 2010, Plaintiff filed an application to proceed in forma pauperis. 28 The submission of Plaintiff’s new in forma pauperis application suggests that Plaintiff wishes U .S. D istrict C ourt E. D . C alifornia cd 1 Dockets.Justia.com 1 to continue to prosecute this action. Therefore, the Court vacates the Findings and 2 Recommendations that were issued on February 2, 2010. A review of the Plaintiff’s complaint 3 however indicates that the sole Defendant in this case is Mr. Robert Daschofsky, a Sergeant with the 4 Walla Walla Sheriff’s Office in Walla Walla, Washington. Plaintiff’s complaint relates to his arrest 5 by the Department of Homeland Security that occurred in Walla Walla, Washington. Therefore, the 6 Court is transferring this action to the United States District Court, Eastern District of Washington, 7 because the only named defendant resides in that district and the events giving rise to the claim 8 occurred in Walla Walla, Washington. See, 28 U.S.C. § 1391(a)(2). The court is also transferring 9 this action to the Eastern District of Washington pursuant to Title 28 United States Code Section 10 1404(a) in the interests of justice. 11 12 Good cause appearing, IT IS HEREBY ORDERED that this matter is TRANSFERRED to the United States District Court, Eastern District of Washington. 13 IT IS SO ORDERED. 14 Dated: 6i0kij March 2, 2010 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U .S. D istrict C ourt E. D . C alifornia cd 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
