Pennsylvania Post Conviction Hearing Act, supra, on its face. However, the specific allegations are that the members of the Pennsylvania judiciary have failed to afford prompt hearings under the Act, to grant relief where merited and otherwise to carry out the letter and spirit of the Act. Thus, plaintiff's challenge, in substance, is directed to the alleged improper administration of the Act. No substantial question is presented as to the constitutionality of the Act on its face, and the request for the convening of a three-judge court will be denied.
The action is not maintainable as a class action under Rule 23 of the Federal Rules of Civil Procedure. Plaintiff asserts that members of the State judiciary fail to afford prompt relief under the Act, deny evidentiary hearings and decide post-conviction proceedings without due regard to facts. These broad and unsupported generalizations are not sufficient to establish the existence of questions of law or fact common to an ascertainable class of persons.
The remaining issue is whether plaintiff, as an individual, is entitled to declaratory and/or injunctive relief upon his allegations of the unconstitutional administration of the Act by the State judiciary. In a civil rights complaint, conclusory allegations that unspecified constitutional rights have been infringed are insufficient; plaintiff must show by specific factual allegations such misconduct and resultant harms as will permit an informed judgment as to whether the wrong complained of is of federal cognizance. Rodes v. Municipal Authority of Borough of Milford, 409 F.2d 16 (3d Cir. 1969); Negrich v. Hohn, 379 F.2d 213 (3d Cir. 1967); United States ex rel. Hoge v. Bolsinger, 311 F.2d 215 (3d Cir. 1962). The allegations of the instant Complaint are wholly conclusory and lacking in the requisite factual specificity. The Complaint merits dismissal on this ground. Negrich v. Hohn, supra.
Some reference is made by plaintiff to certain post-conviction proceedings which he has instituted in the Court of Common Pleas of Erie County, Pennsylvania. This has been the subject of numerous habeas corpus proceedings in this Court, among which are Civil Actions 68-627, 68-1018 and 70-494. These are dispositive of the matters here. An appropriate order is entered.
Now, this 6 day of January 1971, the Clerk of Court is directed to file the instant Complaint in forma pauperis and the same is dismissed as frivolous. Leave to appeal in forma pauperis is denied.
© 1992-2004 VersusLaw Inc.