United States v. Bolsinger, 14000-14002.

Decision Date31 October 1962
Docket NumberNo. 14000-14002.,14000-14002.
Citation311 F.2d 215
PartiesUNITED STATES of America ex rel. Ralph J. HOGE, Appellant, v. Patrick N. BOLSINGER, Prothonotary, Supreme Court of Pennsylvania, Western District at Pittsburgh, Pennsylvania, Miriam A. Greenawalt, Deputy Prothonotary, Supreme Court of Pennsylvania, Middle District at Harrisburg, Pennsylvania, James F. Maroney, Superintendent, State Correctional Institution at Pittsburgh 33, Pennsylvania, Appellees.
CourtU.S. Court of Appeals — Third Circuit

Ralph J. Hoge, appellant, pro se.

Frank P. Lawley, Jr., Deputy Atty. Gen., Harrisburg, Pa. (Franklin L. Kury, David Stahl, Atty. Gen., Harrisburg, Pa., on the brief), for appellees.

Before McLAUGHLIN and HASTIE, Circuit Judges, and DUMBAULD, District Judge.

Certiorari Denied February 25, 1963. See 83 S.Ct. 878.


Appellant is an inmate at Western State Penitentiary, a Commonwealth of Pennsylvania institution, where he is serving a prison sentence as a result of his conviction of a state offense.

His petition to proceed with these three appeals in forma pauperis is allowed.

In the first appeal, No. 14,000, appellant asks for the return of certain papers taken from him by the authorities of the prison where he is confined. In the second, he complains that said authorities refused him the services of a notary to notarize his letter petition to the district court complaining of the seizing of his papers.

The third appeal asks for a declaratory judgment of appellant's right to petition the state courts and the district court for alleged violations of his civil rights and for an injunction against appellees restraining them from such practices as stated in the first and second appeals.

The district court considered appeals Nos. 14,000 and 14,001 together. In the latter, appellant stated that by that time his papers had been returned to him and that he had been given the services of a notary. The court therefore found that the questions raised by the complaints were moot and on the motion of the Commonwealth dismissed them. The court further noted that appellant's request that the State prison be investigated and that certain discipline and procedures be set up was beyond the power of the district court. United States ex rel. Morris v. Radio Station WENR, 209 F.2d 105, 107 (7 Cir. 1953).

In the third complaint, appellant states that he sent a petition for a writ of mandamus to the Dauphin County Court of Common Pleas and did not receive any acknowledgment. Thereafter he says he petitioned the Pennsylvania Supreme Court for a writ of mandamus to compel the clerk of the county court to acknowledge receipt of the petition sent him and to schedule it for hearing. That second petition, states petitioner, was...

To continue reading

Request your trial
43 cases
  • Beauregard v. Wingard
    • United States
    • U.S. District Court — Southern District of California
    • June 1, 1964
    ...v. Allen, 5 Cir., 1964, 326 F.2d 605, 611, complaint must set forth facts showing denial of constitutional right; United States ex rel. Hoge v. Bolsinger, 3 Cir., 311 F.2d 215; Hoffman v. Halden, 9 Cir., 268 F.2d 280, 294; Selico v. Jackson, D.C., 201 F.Supp. 475, 478; Stiltner v. Rhay, 9 C......
  • Peoples Cab Co. v. Bloom
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • August 19, 1971
    ...428 F.2d 1 (3d Cir. 1970); Rodes v. Municipal Authority of the Borough of Milford, 409 F.2d 16 (3d Cir. 1969); United States ex rel. Hoge v. Bolsinger, 311 F.2d 215 (3d Cir. 1969); Pugliano v. Staziak, 231 F.Supp. 347 (W.D.Pa.1964), and the cases cited therein, affd. 345 F.2d 797 (3d Cir. 8......
  • Boddorff v. Publicker Industries, Inc.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • March 25, 1980
    ...114 (1969), Winkler v. Pringle, 387 F.2d 380 (3d Cir. 1967), Negrich v. Hohn, 379 F.2d 213 (3d Cir. 1967), United States ex rel. Hoge v. Bolsinger, 311 F.2d 215 (3d Cir. 1962). 10 See, for example, Francis-Sobil v. University of Maine, 597 F.2d 15 (1st Cir. 1979), Martin v. New York State D......
  • Littleton v. Berbling
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • October 6, 1972
    ...federal courts under the Civil Rights Act." United States ex rel. Hoge v. Bolsinger, 211 F.Supp. 199, 201 (W.D.Pa. 1962), aff'd, 311 F.2d 215 (3rd Cir. 1962), cert. denied, 372 U.S. 931, 83 S.Ct. 878, 9 L.Ed.2d 735 Nevertheless, we recognize the underlying motivation of federal pleading to ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT