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Sandvig v. Larson

United States District Court, Ninth Circuit

May 3, 2013

ANDREW SANDVIG, Plaintiff,
v.
JOHN LARSON, KAREN TOWNSEND, ED McLEAN, SCOT PIERSON, SHAWN THOMAS, KATHLEEN BACCARI, and FRED VAN VALKENBURG, Defendants.

ORDER AND FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

JEREMIAH C. LYNCH, Magistrate Judge.

This matter comes before the Court on Plaintiff Andrew Sandvig's Motion to Proceed in Forma Pauperis (Dkt. 1) and proposed Complaint. (Dkt. 2). After conducting the prescreening process mandated by 28 U.S.C. § 1915, the Court finds that Sandvig's Complaint fails to state a claim upon which relief may be granted and it will be recommended for dismissal.

I. Motion to Proceed in Forma Pauperis

Sandvig submitted a declaration sufficient to make the showing required by 28 U.S.C. §1915(a). Accordingly, the request to proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a).

II. Statement of Case

A. Parties

Sandvig is proceeding without counsel. He names John Larson, Karen Townsend, Ed McLean, Scott Pierson, Shawn Thomas, Kathleen Baccari, and Fred Van Valkenburg as Defendants.

B. Factual Background

According to the documents attached to the Complaint, Sandvig was sentenced by Judge Ed McLean on July 8, 2009 for his fourth driving under the influence offense and driving with a suspended or revoked license. Sandvig was sentenced to the Department of Corrections for thirteen months followed by five years probation. Sandvig was released to community supervision on February 20, 2010. (Dkt. 2-1, pp. 5-8).

On or about January 2, 2012, Sandvig was placed into custody by his probation officer, Kathleen Baccari, for a suspected violation of his probation. (Dkt. 2-1, p. 1). Sandvig appeared before Judge John Larson on January 2, 2012. Judge Larson ordered that Sandvig be released after a 72-hour hold on January 4, 2012. (Dkt. 2-1, pp. 1-2). On January 3, 2012, Sandvig appeared with counsel in front of Judge Karen Townsend for what appears to be a bail hearing. Judge Townsend notified the parties that she was prosecutor in a different cause involving Sandvig but there was no objection to Judge Townsend presiding in the proceedings. Bail was set at $20, 000.00. (Dkt. 2-1, p. 3). A petition to revoke the suspended sentence was filed on January 11, 2012. (Dkt. 2-1, pp 5-6). Defendant Shawn Thomas was the Deputy County Attorney on the petition for revocation. (Dkt. 2-1, pp. 5-6).

It is not clear from the Complaint and the attachments whether or not his probation was revoked.

C. Allegations

Sandvig first makes a claim of double jeopardy arguing that Judge Townsend perjured herself several times during the third appearance in this matter. (Dkt. 2, p. 6). He contends Judge Larson allowed him to be released after a 72 hour hold but the next day he was brought before Judge Townsend. He contends Judge Townsend lied and said he had been in her court a lot of times. He alleges defamation of character. He argues that Kathleen ...


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