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Trimbur v. Town of Hooksett

United States District Court, D. New Hampshire

January 9, 2019

Timothy Trimbur
v.
Town of Hooksett and Hooksett District Court

          Timothy Trimbur, pro se

          REPORT AND RECOMMENDATION

          ANDREA K. JOHNSTONE UNITED STATES MAGISTRATE JUDGE

         Timothy Trimbur has commenced an action in this court by filing a document he has entitled “Ex Parte Petition for a Writ of Habeas Corpus” (Doc. No. 1). This matter has been opened as a habeas action and is therefore before the court for preliminary review, to determine whether Trimbur's petition is facially valid and may proceed, pursuant to Rules 1(b) and 4 of the Rules Governing Section 2254 Cases (“§ 2254 Rules”) and LR 4.3(d)(4)(A).

         Preliminary Review Standard

          A judge is required to examine a petition for habeas relief, and if “it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition.” § 2254 Rule 4. “Federal courts are authorized to dismiss summarily any habeas petition that appears legally insufficient on its face.” McFarland v. Scott, 512 U.S. 849, 856 (1994). The court construes Trimbur's pleadings liberally, in light of his pro se status. See Dutil v. Murphy, 550 F.3d 154, 158 (1st Cir. 2008).

         Background

          Trimbur is a professional timber harvester. The Town of Hooksett, New Hampshire (“Town”) brought a civil action in state court against Trimbur for violating a Town noise ordinance while he was legally harvesting timber on the private property of Louise Maple. See Town of Hooksett v. Louise Marple and Timothy Trimbur, No. 447-2017-CV-00089 (N.H. Cir. Ct., 6th Cir.-Dist. Div.-Hooksett (“Hooksett District Court”))) (filed Oct. 27, 2017 (Dkt. No. 1)). Judgment entered against Trimbur in that matter in the amount of $6000, see id., Nov. 6, 2018 Order (Dkt. No. 39), and the Hooksett District Court denied Trimbur's motion to vacate the order and judgment. See id., Nov. 20, 2018 Order. It does not appear that Trimbur appealed the Hooksett District Court's judgment to the New Hampshire Supreme Court.

         Claims

          In this action, brought against the Town and the Hooksett District Court, Trimbur seeks relief on the basis that the state court judgment violated his federal constitutional rights. Trimbur asserts the following claims:

1. The Town denied Trimbur his Fourteenth Amendment right to equal protection of the laws when it brought a civil action against Trimbur for a noise ordinance violation, for the same conduct engaged in by another timber harvester in Hooksett who was not prosecuted.
2. The Town violated Trimbur's Fourteenth Amendment due process rights by entrapping him, in that the Town enticed Trimbur to harvest timber by granting him a work permit, when Trimbur would not have harvested timber had the permit not been granted, and then prosecuted Trimbur for violating a noise ordinance by engaging in the timber harvesting for which the Town had granted him a permit.
3. The Hooksett District Court improperly entered judgment against Trimbur in a prosecution that violated Trimbur's Fourteenth Amendment rights to equal protection and due process.
4. The defendants conspired to violate Trimbur's federal constitutional rights, in violation of 18 U.S.C. §§ 241, 242.
5. The defendants violated Louise Marple's Fourteenth Amendment rights by depriving her of the ability to have her timber harvested, without paying her just ...

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