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U.S. v. Schlabach

United States Court of Appeals, Ninth Circuit
Oct 6, 2010
398 F. App'x 306 (9th Cir. 2010)

Opinion

No. 09-35135.

Submitted September 22, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed October 6, 2010.

John J. Schlabach, Mead, WA, pro se.

Appeal from the United States District Court for the Eastern District of Washington, Fred Van Sickle, District Judge, Presiding. D.C. No. 2:08-cv-00095-CI.

Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges.


Michael J. Roessner, Rachel Ida Wollitzer, Esquire, Steven W. Parks, United States Department of Justice, Washington, DC, for Petitioner-Appellee.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

The district court did not clearly err by granting the petition because John Schlabach ("Schlabach") failed to rebut the government's showing that the summons was issued in good faith. See Stewart v. United States, 511 F.3d 1251, 1254-55 (9th Cir. 2008) (taxpayer's heavy burden to show abuse of process or lack of good faith once government makes prima facie showing summons was issued in good faith).

Schlabach's remaining contentions are unpersuasive.

AFFIRMED.


Summaries of

U.S. v. Schlabach

United States Court of Appeals, Ninth Circuit
Oct 6, 2010
398 F. App'x 306 (9th Cir. 2010)
Case details for

U.S. v. Schlabach

Case Details

Full title:UNITED STATES of America, Petitioner-Appellee, v. John J. SCHLABACH…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 6, 2010

Citations

398 F. App'x 306 (9th Cir. 2010)