July 28, 2003

  

To:       Hon. John Ovard, Presiding Judge                Regular and CERTIFIED MAIL

First Administrative Judicial Region                         RESTRICTED DELIVERY

133 N. Industrial, LB50                                                7000 0520 0023 3781 2934

Dallas, Texas 75207

 

Copy:   Ms. Pam Kelly, Court Coordinator                   Regular and CERTIFIED MAIL

294th Judicial District Court                                           7000 0520 0023 3781 2941

121 East Dallas St. Room 301

Canton, Texas 75103

 

Copy:   Ms. Karen Wilson, District Clerk                      Regular Mail FOUR (4) copies

            294th Judicial District Court                               Please see Note at end of this letter

            121 East Dallas St. Room 302

Canton, Texas 75103

 

Copy:   Ms. Leslie Dixon                                              Regular and CERTIFIED MAIL

Van Zandt Criminal District Attorney                 7000 0520 0023 3781 2958     

            Courthouse Annex

            Canton, Texas 75103

 

Re:       Inquiry and Notification

            294th  No. 03-00082    Udo Birnbaum v. Frank C. Fleming (Filed Jan. 29, 2003)

            294th  No. 03-00460    Udo Birnbaum v. Richard L. Ray (Filed Jun. 3, 2003)

            294th  No. 95-63          William B. Jones v. Udo Birnbaum (Filed Jan. 8, 1995)

            294th  No. 00-619        The Law Offices of G. David Westfall, P.C. v. Udo Birnbaum (Filed

Sept. 20, 2000)

  Hon. Judge Ovard:

 

      You should recognize my name if for no other reason than my including you in my June 12, 2003 Petition for writ of mandamus to make Judge Donald Jarvis appear. (Fifth District of Texas at Dallas No. 05-03-00937-CV, 294th  No. 03-00082)

 

      I am concerned because I have reason to believe that some of these assignments are being made (or not made) not in conformance with due process but upon the nature of the parties and the cases:

  

No. 03-82:       How did you come to assign Judge Donald Jarvis in the first place?  There was NO motion for recusal, and certainly NO order of referral or recusal from 294th District Judge Teresa Drum?

 

No. 03-460:     When can I expect assignment of a judge in this case? There WAS an order of recusal by Judge Drum on or about June 12, 2003.

 

No. 95-63:       When can I expect assignment of a judge in this case? There WAS an order of recusal by Judge Zimmermann on July 9, 2003.  (case filed in '95, trial in '98)    
It should also be noted that there NEVER WAS an order of recusal or referral by then 294th District Judge Tommy Wallace, nor EVER an order of assignment for Judge Zimmermann. He somehow just showed up. Noteworthy is that I had previously complained to him (Zimmermann) as presiding judge of the First Administrative Judicial Region, before Judge Pat McDowell.

 

No. 00-619:     How did you come to assign Judge Paul Banner to this case, since there had been NO motion for recusal, and certainly NO order of referral or recusal from then 294th District Judge Tommy Wallace?

 

      I am intentionally keeping this notice short and to the point. Details can be found among the papers in the various cases.

 

Sincerely,

 

___________________

Udo Birnbaum, Pro Se

540 VZCR 2916

Eustace, TX 75124

(903) 479-3929

 

Note to Ms. Wilson:

      I would appreciate you filing the four (4) copies I am providing you into the four (4) indicated files.

 

 

cc:        Frank C. Fleming   

6611 Hillcrest Ave., Suite 305

Dallas, Texas 75205-1301

(294th  No. 03-00082 and 00-619)

 

Richard L. Ray       

300 S. Trade Days Blvd.

Canton, Texas 75103

(294th  No. 95-63)

 

Joel C. Elliott          

300 S. Trade Days Blvd.

Canton, Texas 75103

            (294th  No. 03-460)