No. 95-63

 

WILLIAM B. JONES )( IN THE DISTRICT COURT

)(

Vs. )( 294TH JUDICIAL DISTRICT

)(

UDO BIRNBAUM )( VAN ZANDT COUNTY, TEXAS

 

 

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 August 17, 1999:

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

Eustace, Texas 75124

(903) 479-3929

 

Attachment: Exhibit "A", Hearing of Aug. 17, 1999

 

 

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 TEXAS

COUNTY OF VAN ZANDT

 

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 Texas

 

 

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