Robinson v. Largent

Third Circuit

Robinson v. Largent

419 F.2d 1327

Court of Appeals for the Third Circuit·Decided January 2, 1970·No. No. 17587·Published·Cited by 5 cases

Opinion

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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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.

Robinson v. Largent, 419 F.2d 1327 (3d Cir. 1970).

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Opinion

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