Vasquez v. State of California et al
Filing
9
ORDER ADOPTING 2 REPORT AND RECOMMENDATION this case is transferred to the Eastern District of California pursuant to 28 U.S.C. §1406. Signed by Judge William K. Sessions III on 10/15/2012. (law)
UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
DAVID MARTINEZ, a/k/a
ROBERT VASQUEZ,
Plaintiff,
:
:
:
:
v.
: Docket No. 2:12-CV-179
:
STATE OF CALIFORNIA,
:
STEPHEN DREW,
:
STATE OF CALIFORNIA DEPARTMENT :
OF CORRECTIONS,
:
Defendants.
:
ORDER
The Report and Recommendation of the United States
Magistrate Judge was filed August 14, 2012.
Plaintiff’s
objections were filed on September 14, 2012, October, 1, 5, 9,
and 10, 2012.
A district judge must make a de novo determination of
those portions of a magistrate judge's report and
recommendation to which an objection is made.
Fed. R. Civ. P.
72(b); 28 U.S.C. § 636(b) (1); Perez-Rubio v. Wyckoff, 718
F.Supp. 217, 227 (S.D.N.Y. 1989).
The district judge may
"accept, reject, or modify, in whole or in part, the
magistrate's proposed findings and recommendations."
Id.
After careful review of the file, the Magistrate Judge's
Report and Recommendation and the objections, this Court ADOPTS
the Magistrate Judge's recommendations in full for the reasons
stated in the Report.
It is hereby ORDERED that this case be TRANSFERRRED
pursuant to 28 U.S.C., §1406 to the United States District
Court for the Eastern District of California.
Dated at Burlington, in the District of Vermont, this
15th day of October, 2012.
/s/ William K. Sessions III
William K. Sessions III
District Court Judge
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