U.S. Court of Appeals for the Third Circuit, 1970

Robinson v. Largent

U.S. Court of Appeals for the Third Circuit · Decided January 2, 1970

419 F.2d 1327 (Federal Reporter, Second Series)

Counsel

David Robinson, pro se., Frank P. Lawley, Deputy Atty. Gen., Harrisburg, Pa. (William C. Sennett, Atty. Gen., Harrisburg, Pa., on the brief), for appellees.

Cases that cite this one

5 later published cases cite this decision. The 4 that cite it most often are listed here.

City of Pittsburgh v. Simmons (3d Cir. 1984)
United States v. E. A. Gregory and Vonna Jo Gregory, G. W. Atkinson and Robert T. Spurlock, Jr. (5th Cir. 1981)
In re Corrugated Container Antitrust Litigation. Steering Committee (5th Cir. 1980)
Steering Committee v. Mead Corp. (5th Cir. 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

PER CURIAM.

Plaintiff filed a complaint under the Civil Rights Act against members of the Pennsylvania Parole Board and a parole officer seeking damages for alleged deprivation of rights guaranteed by the Constitution and laws of the United States.

Defendants filed a motion to dismiss and while this was pending plaintiff filed an affidavit charging bias and prejudice on the part of the judge under 28 U.S.C. § 144. The district judge denied the motion for disqualification and plaintiff appealed.

The appeal is premature, for the dismissal of the motion for disqualification is not a final appealable order. See Green v. Murphy, 259 F.2d 591, 594 (3 Cir. 1958).

The appeal will be quashed.

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