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HomeMy WebLinkAbout03-1532 Form DC-135A INMATE'S REQUEST TO STAFF MEMBER 1. To: (Name and Title of Officer) 3. By: (Print Inmate Name and Number) Inmate Signature 6. Work Assignment Commonwealth of Pennsylvania Department of Corrections INSTRUCTIONS Complete items number 1-8. If you follow instructions in preparing your request, it can be responded to more promptly and intelligently. 2. Date: 4. Counselor's Name 5. Unit Manager's Name 7. Housing Assignment 8. Subject: State your request completely but briefly. Give details. To DC-14 CAR only [] I To DC-14 CAR and DC-15 IRS [] Staff Member Name / Date Print Sign Revised July 2000 .x/_/,&<£< ~ DERRICK R. COOMBS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD KELCHNER, WARDEN SCI CAMP HILL, DEFENDANT · 03-1532 CIVIL TERM ORDER OF COURT AND NOW, this ~,~ day of April, 2003, the motion to proceed in forma pauperis, IS DENIED WITHOUT A HEARING.~ Box 200 Camp Hill, PA 17001-0200 ,0~ :sal ,,~ ~' II~'{~:) · The petition is frivolous. The warden of SCI Camp Hill does not have a relationship to petitioner which could subject him to an order under the Pennsylvania Protection from Abuse Act. The petition for a writ of habeas corpus challenging conditions of confinement does not aver that petitioner has exhausted all administrative remedies. IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO. PENN. Civil Action - Law Derrick R. Coombs Petitioner Vs. Donald Kelchner Warden SCI Camp Hill Respondent 03-1533 (As No. given to me by clerk) No. 03-1532 Civil Term As is on order rec. by me 4/15/03 MOTION TO STRIKE ORDER ISSUED 4/14/03 AND FOR RECONSIDERATION OF SAME AND MANDATORY HEARING REQUIRED BY LAW Petitioner moves to strike and vacate order as issued in above matter by Hon. Judge Bayley on 4/14/03 and in support hereof avers as follows; initially noting this matter was put in prison mail March 18th 03, to prevent injury and yet not time stamped until April 3rd, after injury had occurred; It is averred; 1. The petition as filed was not addressed to Hon. Judge Bayley but to Hon. Judge Oler. It was error for Hon. Bayley to thus intercept this matter. 2. There exists no provision at law or legal authority whatsoever that allows a Court to "deny leave to proceed in Forma Pauperis" on a HABF~tS petition. Such order entered outside the law is without authority and is a nullity and must be stricken as void. The only "test" to be applied to Forma Pauperis petition on HABF~ is whether or not I am indigent and unable to pay costs of the matter which I am. The Habeas petition cannot be arbitrarily avoided by "denying In Forma Pauperis~ however, I.F.P. is required by law to BE granted and the petition itself ruled on properly. ~When Judge exercises power not conferred on him by law his act is more than a mere irregularity that can be waived it is a nullity., is null and void.." C~M. V. _MILLER 452 A.2d 820 3. I tend to agree with His Honor on the issue of "PFA" act arguably perhRPs not applying to Warden, there is room for argument there but I will not waste the Hon. Courts time, arguing a trivial matter such as that, moreso in that the abuse has already actually occurred and that specific point is essentially moot. Inasmuch as matter addresses claim under "PFA" any claim under "PFA" is respectfully withdrawn. 4. Inasmuch as His Honor states my petition does not allege I have exhausted Adm. II~.~AI~ PRE~ MB from doing so, and denied me access to Courts and officially oppressed me to interfere with this action. "Due process is not satisfied when Judge is not listening." U.S.V. CROSS 128 F.3d 145 (3rd Cir.) HOW~: Adm. remedies HA~. since been exhausted and grievance appealed to final review. The outcome of that as rec. by me APRIL FIFTEENTH 03; was; "if the Court decides we were wrong; we will fix this." The issue of non-exhaustion is no longer an issue, and the matter is ripe for hearing. And such hearing is prayed for, forthwith please. 5. On April Eighth 03; I filed supplement to this action in form of Motion for return of property per Rule Crim. Pro. 588; This matter is not addressed in the Courts 4/14/03 Order. This action does not require any special "In Forma Pauperis" leave be granted and said Rules places MANDATORY duty on the Hon. Ct. to take and rec. evidence of facts in this matter. The Hon. Ct. is mandated to hold hearing rec. evidence of fact, and make specific findings of fact. This duty cannot be circumvented by "denial of Formm Pauperis Status" when no Forma Pauperis Rule applies to such actions. The order issued does not address this action. 6. Lastly, I sent this Hon. Ct. and Hon. Judge Oler a Habeas Petition on April Second, 03; I have not rec. my time stamped co9y of this back, do not know what if any Number has been assigned to it; nor have I rec. any decision in this (Separate) matter. 7. The order of this Hon. Ct. finally, lacks the required specificity to inform me of my rights, and the Courts precise action in this matter. The Order of the Court as written is void and outside authority of law; In Forma Pauperis Status must be granted in this matter by law. "Where Ct. takes action beyond the power conferred on it by law, it's actions are a nullity and objections to this cannot be waived by consent or otherwise." COM. ¥. BOERNER 442 A.2d 583 ~ Wt~; Petitioner respectfully prays l{on. Judge Bayley, kindly ~ his Order as entered and refer this matter to Hon. Judge Oler whom it was addressed to, and take needed corrective action in this matter to conform this matter to facts, and law, and kindly schedule and hold mandatory he~ring ms is required and take and rec. evidence in this matter as is clearly required by law. Giving me due process notice of hearing date that I may effectively prepare for same. Thank you. Derrick'R. Coombs CT1800 Box 200 Camp Hill Pa. 17001-0200 PROOF OF SERVICE: PROOF OF SER¥ICB I hereby certify I have this .... a! of April 2003 served this on the parties below in ~anner specified; By U.S. ~il to; Mr, C. Long Prothonotary Curb. Co. Court I Courthouse Sq. Carlisle Pa. 17013 By deposit in prison grtevarf, e box followia~ day of April/~ 03; addresed to; Supt. D. Kelchner; Warden ~CI Camp Hill. Which satisfies the requirements of Pa. R.A.P. 121 f 11 Submitted; Box 200 Camp !!ill Pa. 17001-0200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO. PENN. Civil Action - Law Derrick R. Coombs Petitioner Vs. Donald Kelchner Warden SCI Camp Hill Respondent 03-1533 (As No. given to me by clerk) No. 03-1532 CiYil Term As is on order rec. by me 4/15/03 MOTION TO STRIKE ORDER ISSUED 4/14/03 AND FOR RECONSIDERATION OF SAME AND MANDATORY H~RING REQUIRED BY LAW Petitioner moYes to strike and vacate order as issued in above matter by Hon. Judge Bayley on 4/14/03 and in support hereof avers as follows; initially noting this matter was put in prison mail March 18th 03, to prevent imjury and yet not time stamped until April 3rd, after injury had occurred; It is averred; 1. The petition as filed was not addressed to Hon. Judge Bayley but to Hon. Judge Oler. It was error for Hon. Bayley to thus intercept this matter. 2. There exists no provision at law or legal authority whatsoe~er that allows a Court to "deny leave to proceed in Forma Pauperis" on a fL~BEAS petition. Such order entered outside the law is without authority and is a nullity and must be stricken as void. The only "test" to be applied to Forma Pauperis petition on ~ABF2~ is whether or not I am indigent and unable to pay costs of the matter which I am. The Habeas petition cannot be arbitrarily avoided by "denying In Forma Pauperis" however, I.F.P. is required by law to BE granted and the petition itself ruled on properly. "When Judge exercises power not conferred on him by law his act is more than a mere irregularity that can be waived it is a nullity., is null and void.." COM. V. MILLER 452 A.2d 820 3. I tend to agree with His Honor on the issue of "PFA" act arguably perhaps not applying to Warden, there is room for argument there but I will not waste the Hon. Courts time, arguing a trivial matter such as that, moreso in that the abuse has already actually occurred and that specific point is essentially moot. Inasmuch as matter addresses claim under "PFA" any claim under "PFA" is respectfully withdrawn. 4. Inasmuch as His Honor states my petition does not allege I have exhausted Adm. remedies his Honor has disregarded my very clear and precise averment that these actors ILLF~¥ PREYENTED ME from doing so, and denied me access to Courts and officially oppressed me to interfere with this action. "Due process is not satisfied when Judge is not listening." U.S.V. CROSS 128 F.3d 145 (3rd Cir.) ~OWEYER: Adm. remedies MAYE since been exhausted and grievance appealed to final review. The outcome of that as rec. by me APRIL FIFTEENTH 03; was; "if the Court decides we were wrong; we will fix this." The issue of non-exhaustion is no longer an issue, and the matter is ripe for hearing. And such hearing is prayed for, forthwith please. 5. On April Eighth 03; I filed supplement to this action in form of Motion for return of property per Rule Crim. Pro. 588; This matter is not addressed in the Courts 4/14/03 Order. This action does not require any special ~In Forma Pauperis" leave be granted and said Rules places MANDATORY duty on the Hon. Ct. to take and rec. evidence of facts in this matter. The ~on. Ct. is mandated to hold hearing rec. evidence of fact, and make specific findings of fact. This duty cannot be circumvented by "denial of Forma Pauperis Status" when no For~a Pauperis Rule applies to such actions. The order issued does not address this action. 6. Lastly, I sent this Hon. Ct. and Hon. Judge Oler a Habeas Petition on April Second, 03; I have not rec. my ti~e stamped co~y of this back, do not know what if any Number has been assigned to it; nor have I rec. any decision in this (Separate) matter. 7. The order of this Hon. Ct. finally, lacks the required specificity to inform me of my rights, and the Courts precise action in this matter. The Order of the Court as written is void and outside authority of law; In Forma Pauperis Status must be granted in this matter by law. "Where Ct. takes action beyond the power conferred on it by law, it's actions are a nullity and objections to this cannot be waived by consent or otherwise." COM. V. BOERNER 442 A.2d 583 W~; Petitioner respectfully prays Hon. Judge Bayley, kindly ~his Order as entered and refer this matter to Hon. Judge Oler whom it was addressed to, and take needed corrective action in this matter to conform this matter to facts, and law, and kindly schedule and hold mandatory hearing as is required and take and rec. evidence in this matter as is clearly required by law. Giving me due process notice of hearing date that I may effectively prepare for same. Thank you. Mo~es~c~ut~y ~bmitted rick R. ~oombs CT1800 Box 200 Camp Hill Pa. 17001-0200 PROOF OF SERVICE: PROOF OF SERVICE I hereby certify I heys this_~t~X/J)6da! of A~rit 2003 served this on the parties below in n~anner $~aified; By U.S. Rail to} Mr. C. [~)ng Prothonotary Cumb. C~. Court I ~urghou~ Sq. Pa. 17013 By deposit in prison trievance box follo~n~ day of April/~ 031 addresed Supt. D. Kelchuer; Varden SCI Camp Hill. Which satisfies the requirements of Pa. R.A.P. 121 ~e~f~,ubmitted; "Derrick R. Coombs CT18~ Box 200 C~amp T!ill Pa. 17~1-0200