No. 95-63
WILLIAM
B. JONES )( IN THE DISTRICT COURT
)(
Vs. )( 294TH JUDICIAL DISTRICT
)(
UDO
BIRNBAUM )( VAN
MOTION FOR RECUSAL OF JUDGE ZIMMERMANN
COMES
NOW, Udo Birnbaum ("Birnbaum"), Defendant in the above styled and
numbered cause, and would show the Court the following:
1. Birnbaum
brings this motion under RCP Rule 18b(2)(a, b) by reason of personal bias and
prejudice against pro se Birnbaum.
Rule 18b. Grounds for Disqualification and Recusal
of Judges:
A judge shall
recuse himself in any proceeding in which:
(a) his impartiality might
reasonably be questioned;
(b) he has a personal bias
or prejudice concerning the subject matter or a party, or personal knowledge of
disputed evidentiary facts concerning the proceedings;
2. Judge
Zimmerman has a personal bias by reason of being sued, among others, on May 30,
1999, in the United States District Court for the Northern District of Texas,
Dallas Division (No. 3-99-CV0696-R), under 18 U.S.C. § 1964(c) ("civil RICO"), such suit for participating,
by a "pattern of racketeering activity", in "a scheme round and about the 294th District Courthouse
in Canton, Texas ("Wallace's Court") in which one or more of the
Defendants attempted to "enrich" themselves by using their
relationships in the Court to extort legal fees, moneys, and other valuable
things, by the use of fraudulent documents, arguments, and corrupt Court
process as weapons for malicious prosecution."
Such personal bias indicated at the last
hearing in this cause on
THE COURT: Well, let me go
back a minute, Mr. Birnbaum. If memory
serves me correctly, you have filed suit in Federal Court suing, as near as I
can tell, every person who has touched this case in any way, whatsoever;
including me, Mr. Ray, the Court Coordinator, Judge Wallace and Judge
McDowell. I don't know -- whoever else
is involved in it.
(Page 6, "Motion to Enter
Judgment", Aug. 17, 1999, attached)
4. Judge
James B. Zimmermann should be recused from this case to stop the hemorrhage
flowing from these frivolous proceedings against me. As a reminder, I did not bring this lawsuit.
Respectfully
submitted,
___________________
UDO BIRNBAUM, Pro Se
540 VZ 2916
(903) 479-3929
Attachment: Exhibit "A", Hearing
of
AFFIDAVIT
I certify
that all statements in this motion are made upon personal knowledge, and that
the attached copy of the referenced hearing is a true copy of the original.
___________________
Udo
Birnbaum
STATE
OF
§
Before
me, a notary public, on this day personally appeared Udo Birnbaum, known to me
to be the person whose name is subscribed to the foregoing document, and being
by me first duly sworn, declared that the statements therein contained are true
and correct.
Given
under my hand and seal of office this ____ day of May, 2003
________________________
Notary
in and for The State of
CERTIFICATE OF SERVICE
This is to certify that a
true and correct copy of this document (with attachment "A") and Request for Setting Form has been
served via Regular Mail on this the __2___ day of May, 2003, upon
Richard L. Ray, 300 S. Trade Days Blvd. (300 S. HWY 19), Canton, Texas 75103.
___________________
UDO BIRNBAUM