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BROWN v. WILSON
August 24, 1973
Joseph Carl BROWN, Jr.
Ira WILSON. Joseph Carl BROWN, Jr. v. Charles WHERLE et al. Joseph Carl BROWN, Jr. v. The Honorable Milton SHAPP et al.
Snyder, District Judge.
The opinion of the court was delivered by: SNYDER
The plaintiff, Joseph Carl Brown, Jr., presently has the following four civil actions before this Court: Civil Actions 72-13, 72-755, 72-756, and 72-1109. By Order of Court entered June 14, 1973, 363 F. Supp. 703 these cases were scheduled for preliminary hearing for Tuesday, August 7, 1973; Plaintiff moved for continuance and such was granted on August 1, 1973; the Preliminary Hearing was rescheduled for August 16, 1973.
At the hearing plaintiff sought a continuance in regard to Civil Action 72-13 until the appeal that he claimed he had taken to the Third Circuit Court of Appeals was ruled on. This continuance was granted.
In regard to the remaining actions, plaintiff brought a "Motion For Disqualification of Trial Judge". His allegations consist of the following:
"(1) The court has, without reservation, embarked on a 'foul play' campaign" against the plaintiff; has denied to the plaintiff even the most fundamental rights, and has completely ignored the fact that he is (by law) a neutral party in any litigation that is brought before him for his consideration. The actions of the Judge sought to be disqualified also raise a serious question of his legal competency as will hereinafter be more fully set forth . . . in detail supported by facts that are a matter or record.
(a) On the 17th of May, 1973, Judge Snyder denied the plaintiff leave to proceed in forma pauperis in an action filed against the Commonwealth of Pennsylvania. This action was based upon the fact that all appellate courts of Pennsylvania claim that it is not within their power to compel an inferior tribunal to perform its duties (sic). In the court's denial the following statement was contained:
'This court concurs with the opinion of Circuit Judge Joseph F. Weis, Jr. (then a District Court Judge) of March 26, 1973, at Miscellaneous 5748 that:
'This court feels that Brown's litigation campaign has two objects:
1. To harass prison, court and prosecution officials so that he will be granted an early release in order to stop his litigation, and
2. To spend as much time out of prison and in the more pleasant confines of the courtroom as possible.'
Also, Judge Snyder not only denied plaintiff leave to proceed in forma pauperis as of the present moment, but went on to say that any future complaint filed in re the said issue (is) denied.
Furthermore, as Judge Weis has granted the plaintiff leave to proceed in forma pauperis and had order service of the complaint, it was not within the power of Judge Synder to dismiss the action without a response from the respondents.
(c) As to the legal competency of Judge Snyder the plaintiff submits the following which is a matter of certified record of the United States District Court ...
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