No. 95-0063
WILLIAM B JONES § IN THE DISTRICT COURT
Plaintiff §
§
v. § 294th JUDICIAL DISTRICT
§
UDO BIRNBAUM §
Defendant § VAN
THIRD MOTION
FOR RECUSAL OF JUDGE RON CHAPMAN
Judge Ovard,
get this madman off my back
JUDGE JOHN OVARD:
This
is my THIRD motion to recuse senior visiting judge Judge Ron Chapman off this sorry
beaver dam case, after Judge Chapman
put a $125,770.00 FINE on me
in another case against me, Westfall vs. Udo Birnbaum, No. 00-00619, Judge Chapman
assigned to hear a motion to recuse senior visiting judge Judge Paul Banner off
that case, with Judge Banner himself testifying at the hearing. (Happy
April Fools Day, Exhibit “A”).
“Some
are to blame, but all are responsible.”
Obama.
1.
My First Motion for Recusal,
Judge
Ovard, there is no record of
Chapman even referring my [first] Motion for Recusal per Rule 18, or you
issuing any Order denying that Motion. Even Chapman’s hen-scratch (Exhibit “B”) on the docket sheet on
"All
parties and attys present. Ct notes no motion to Recuse is in this file. Ct
has been informed that Judge
John Ovard, presiding judge of the 1st
Administrative Region, has
overruled a Motion to Recuse Judge Ron Chapman, due to the fact that
said Motion is insufficient at law and fails to properly request Judge
Chapman's Recusal, or, in the
alternative, is denied on its merits due to Def. Birnbaum's abuse of
the judicial process by filing repeated
frivolous Motions to Recuse in this case and having twice been
previously sanctioned by this Court for ???? actions. Ct notes Pltf's request to abandon any claims for atty fees. Ct finds that Jury Verdict rendered in May of 1998 requires a permanent injuntion to be
entered in this case. Pltf to prepare
Written Order for Ct's signature and provide a copy to Def." (emphasis added)
Judge Chapman’s scratch makes
a truly puzzling docket entry for a senior judge, coming in “cold”, as the
THIRD JUDGE, onto the case, and into the inferno of a suit over a beaver dam, then already NINE YEARS ongoing, brought,
of all things, as a violation of the
Texas Water Code, Defendant Birnbaum screaming fraud at the top of his
lungs, an actual jury verdict,
but irrelevant jury questions, the jury unanimously finding damages of exactly ZERO, and the issue of
an injunction never presented to the jury, no sign of imminent or irreparable
harm, as required for the issuance of any injunction, for the last SIX YEARS,
and no thought as to how to style such injunction, not having asked the jury, or
who was to be the “keeper” of the injunction, since the Plaintiff had passed away long ago, the property sold out of
the family, etc., etc.!
This case is of course now
FIVE (5) years further down the line, and things are even madder now, than when
this case started in 1994, FIFTEEN (15) years ago!
2.
My Second Motion for Recusal,
There is no record of Judge
Chapman having issued any Order per Rule 18 referring this Motion up the line
to you, either.
Admit it, Judge Ovard, that you never saw this Motion either,
despite you having somehow issued an Order dated Jan. 12, 2007, that DENIED my
Motion, blandly stating that “the Motion does not provide specific allegations
necessary to warrant a hearing”, but you not even identifying as to which
motion your Order was. (Exhibit “C”)
What about that horrific $125,770 FINE I was complaining
of?
What about all those evil
thoughts toward me that Chapman’s put into his Order? (Exhibit “D”). That seven or
eight page diatribe goes way beyond where “his impartiality might reasonably be
questioned” under Rule 18. Judge Chapman plum hates me, to
wit:
"to
stop Birnbaum and others similarly situated"
"delusional
belief held only inside the mind of Birnbaum"
"was
engaged in by Birnbaum with intent to harm"
"to
stop this litigant and others similarly situated"
"to
stop Birnbaum and others like him"
"concludes
as a matter of law … … was brought for harassment".
"the
award of exemplary and/or punitive damages is not excessive".
"… punitive
damage award is narrowly tailored to the harm done".
"is a delusional
belief held only inside the mind of Birnbaum"
3.
Judg Ovard, admit, that neither Motion reached your eyes
Judge Ovard, I cannot conceive that you would have in good
faith DENIED my motion, if you had
seen it, either one.
Somebody may have “told” you something, but nobody certainly showed you my motion.
On the other hand, Judge Ovard, you affirm: “After due considerations of the
allegations in the Motion to Recuse Judge Ron Chapman, it is determined by the Regional Presiding Judge,
that the Motion does not provide specific allegations necessary to warrant a
hearing.”
Truly amazing, Judge Ovard! I am 72 years old, and I know we get
selective in what we notice. But then, I do not sit in judgment of others.
4.
In response to Judge Chapman calling me “delusional”
“a delusional belief held only inside the mind of Birnbaum”
All I can figure out is that Chapman now and then just “looses
it”, as he did on April 1, 2004, when he let me examine Judge Paul Banner in the witness box regarding
recusal of Banner in that dead case, and then putting that ludicrous $125,000 FINE on me – see “Happy
April Fools Day” (Exhibit “A”).
All Chapman was assigned to do was to hear a motion for recusal of Judge
Banner, but there was no case left, and Chapman went plum bonkers.
And Judge Paul Banner was part of it too, for Banner knew there
was no case left, for he
himself had signed final judgment way
back in 2002. Yet here Banner was, as
a witness, in his own two year dead old case!
And Chapman had to have been bonkers again to actually sign that idiotic Order
for $125,000 FINE, on Oct.
24, 2006, over TWO (2) YEARS after that April 1 episode, with all that “delusional”, “to stop Birnbaum”, and all that other verbal venom – upon which I
of course filed my Second Motion for Recusal of Judge Ron Chapman on Dec. 18,
2006, figuring that “enough is enough”.
5.
Mental states
Anyhow, Judge Ovard, I trust you can see why I am so insistent
in finally getting Judge Chapman off this case and off my back. This is way
beyond a matter where “his impartiality might reasonably be questioned” per
Rule 18.
This is a matter of questioning Chapman’s mental processes.
What was Chapman’s mental state as he pronounced that $125,000 FINE on me?
What was Chapman’s mental state as he actually signed the
stupid thing more than TWO (2) YEARS later, and as I heard, took it to the
District Clerk, inquiring if they could abstract
his Order!
What was Chapman’s mental state in not thinking that he needed,
on his own, to get off this No.
95-63 “beaver dam” case, after having
put that $125,000 FINE on me in the No. 00-00619 Westfall vs. Birnbaum case? No
Motion for Recusal of Chapman should have been needed!
6.
More mental states
“or lack thereof”
What was Chapman thinking as
he first showed up on this No. 95-0063 “beaver dam case” on
I believe that Chapman had
totally forgotten about that $125,000 FINE.
And then Chapman did
indeed park, consider, or not consider for over TWO (2) YEARS, till for
reasons of his own, he finally signed that stupid Order of $125,770 FINE.
7.
Conclusion
Judge Ovard, it is time for you to get Judge Ron Chapman off
this case. In any case, I insist on a recusal hearing if you cannot find
someone to talk Chapman into going quietly, before he makes more of an ass of
himself and your whole “visiting judge” program. “Happy April Fools Day”.
“Oh what tangled webs we
weave,
when first we practice to
deceive”
Sincerely,
____________________
Udo Birnbaum, Pro
Se
540 VZCR 2916
(903) 479-3929 phone and fax
Att: “A” Happy April Fools Day
“B” Judge Chapman docket entry No. 95-0063
“beaver dam case”
“C” Judge Ovard Order in 95-0063, “there is no
basis etc.”
“D” Judge Chapman $125,770 FINE on 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 above, and being by me first duly
sworn, declared that the matters in this Third Motion to Recuse Judge Chapman
are true and correct, that that the exhibits hereto are true copies of the
originals, and that all matters are stated upon his personal knowledge.
.
___________________
Udo
Birnbaum
Given under my hand and seal of office this _____
day of April, 2009.
_________________________
Notary
in and for The State of
Certificate of Service
Copy of
this document, including attachments, mailed CERTIFIED MAIL 7007-2560-0002-4728-5911, RESTRICTED DELIVERY, to Hon. John Ovard, Presiding Judge,
First Administrative Judicial Region,
Also to Richard
L. Ray, attorney of record for William B. Jones, long deceased, at 300 South Trade Days Blvd.,
___________________
Udo Birnbaum