United States Ex Rel. Hoge v. Bolsinger

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 Prothono-tary of that Court, at Pittsburgh, who arbitrarily returned it to plaintiff “with out any legal recognition, review, and/or legal action whatsoever on the part of the * * * Supreme Court”.

He avers that on July 26, 1961, he sent to…