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UNITED STATES v. BOLSINGER

Civ. A. No. 61-737.

211 F.Supp. 199 (1962)

UNITED STATES of America ex rel. Ralph J. HOGE, Plaintiff, 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, Western State Penitentiary, Pittsburgh, Pennsylvania, Defendants.

United States District Court W. D. Pennsylvania.

February 12, 1962.

Attorney(s) appearing for the Case

No appearance for Ralph J. Hoge.

Frank P. Lawley, Jr., Deputy Atty. Gen., Harrisburg, Pa., for defendants in all three cases.

MARSH, District Judge.

The plaintiff, Ralph J. Hoge, an inmate at Western State Penitentiary, filed a complaint at No. 61-737 entitled "Petition for Writs of Declaratory Judgement and Mandatory Injunction". He avers that on March 1, 1961, he addressed a petition to the Pennsylvania Supreme Court, at Harrisburg, which was received by defendant Bolsinger, the Prothonotary of that Court, at Pittsburgh, who arbitrarily returned it to plaintiff "without

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