Free Notice of Appeal - District Court of Delaware - Delaware

I Case1:94-cv-00336-KAJ Document 460 Filed O4/O4/2005 Page10f4
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IN THE UNITED STATES DISTRICT ·--·
- FOR THE DISTRICT OF DELAWARE ;pa@IqIM»»& ms -.·i Q
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JEROME K. HAMILTON, )
PLAINTIFF» ; Civil Action No.94—336-KAJ*
v. )
)
FAITH LEAVY, et al. )
"NOTICE OF APPEAL"
DEFENDANTS. )
) .
NOTICE OF APPEAL
Notice is hereby given that I, PLAINTIFF/JEROME HAMILTON/ I
Pro Se, Appeals to United States Court Of Appeals For The Third Circuit I
from the Judgment /of/Jury Verdict on March 17,2005. I
I
I
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The Grounds For This A eal Are As Follow: I
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1. The district court/Judge Kent A. Jordan, abuse their dis-I
-cretion by denying plaintiff, t0 see crucial documents discovery under-I
the Federal Rules of Civil Procedure. I
2. The district court Judge/Kent A. Jordan, abuse their di-
—scretion by excluding evidence from the jury at side bar discussions.-
That would of supported plaintiff claim which was crucial evidence.
3. The district court/Judge Kent A. Jordan, abuse their dis-H
-cretion on court jury instruction on the constitutional violation.
4. The district court/Judge Kent A. Jordan, abuse their dis-
-cretion by giving a jury instruction on superseding cause. I
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5. The district court/Judge Kent A. Jordan, abuse their dis-I
-creti0n by giving the defendants additional peremptory challenges. I
I
6. The district court/Judge Kent A. Jordan, abuse their dis—*
-cretion by instructing the jury that the State of Delaware and the De-
-partment of Correction were not defendants.
. I
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1 I
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Case 1:94-cv-00336-KAJ Document 460 Filed 04/04/2005 Page 2 of 4
7. The district court/Judge Kent A. Jordan, abuse their -
discretion by the court ruling permitting expert testimony from John Po-
—lk, to testify.
8. The district court/Judge Kent A. Jordan, did abuse th-
—eir discretion by the exclusion of evidence related to the plaintiff —
correct release date from term of incarceration.
9. The district court/Judge Kent A. Jordan, abuse their
discretion by limiting instruction on the prison classification manual.
10. The district court/Judge Kent A. Jordan, did abuse -
their discretion by refusing to allow the jurror to see document that de-
-al with the grievance that plaintiff file, when the correcyional officer
Simpson who call plaintiff snitch.
11. The district court/Judge Kent A. Jordan, did abuse -
their discretion by calling for side bar conference with attorney's and
the plaintiff and members of the jury couldn't heard anything that was b-
-eing spoken.
12. Plaintiff/Jerome K. Hamilton, Pro Se, will be raising
on appeal claim that the jury's verdict was against the great weight of —
the evidence.
I
13. Plaintiff/Jerome K. Hamilton, Pro Se, will be raising
on appeal that Mr. John W. Shaw,Esquire, never raised any objections on -
plaintiff behalf, concerning evidence that was excluded by court at the -·
side bar discussion's.
14. Plaintiff/Jerome K. Hamilton, Pro Se, will be raising
on appeal that Mr. John W. Shaw,Esquire, never Call any of plaintiff wit-
-ness's that heard correctional officer Simpson, call plaintiff a snitch.
15. Plaintiff/Jerome K. Hamilton, Pro Se, will be raising
on appeal that plaintiff/Attorney John W. Shaw, call any of plaintiff witj
-ness's that set on grievance hearing which heard and decide that it was
inapproiated for correctional officer Simpson, to call plaintiff a snitch
in front of all them inmates on/1E—Pod. {
16. The district court/Judge Kent A. Jordan, did abuse —
their discretion by dismissing defendant's from the case which was in errq
-or.
2.

o y Case 1:94-cv-00336-KAJ Document 460 Filed O4/O4/2005 Page 3 of 4
17. Plaintiff/Jerome K. Hamilton/Pro Se, will be —
raising on appeal that plaintiff/Attorney John W. Shaw, also refused to ca-
' -ll another witness Stephen M. Walther.
18. Plaintiff/Jerome K. Hamilton/Pro Se, also will
be raising on appeal all the side bar discussion, that the plaintiff and the
jury's couldn't heard or hear. Plaintiff/Hamilton, want to preserved the re-
—cord because plaintiff want to object to all them side bar discussion.
19. Plaintiff/Jerome K. Hamilton/Pro Se, will also
be raising on appeal that plaintiff/Attorney John W. Shaw, failure to act
by producing a copy of the (Steven Clayton) entire prison record. Mr. Clay-
-ton, violent and disruptive, dangerous behavior within the prison system.
Dated: April 3,2005. Respectfully Submitted _
elMm¤%LEZ2%Méwu£é,¢L
. Plaintiff/Jerome K.Hamilton
Pro Se,
320 East Fifth Street/Apt.#609
Wilmington,Delaware. 19801
` is- *0 and Subscxibod before me, thfs..,%:;?.....¤6y
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Case 1:94-cv-00336-KAJ Document 460 Filed 04/04/2005 Page 4 of 4
— Certificate Of Service —
)
State Of Delaware )
New Castle County ) SS:
BE IT REMEMBER, THAT I PLAINTIFF/JEROME K. HAMILTON}-
Pro Se, being first duly sworn according to law and the penalty of perjury
on April 3,2005. (Attached Notice Of Appeal). And this document will be —
mail first class and sent to below person's:
1. Office Of The Clerk
United States District Court
844 North King Street/Lockbox 18
Wilmington,Delaware.19801-3570
2. Office Of The Clerk
United States Court Of Appeal
For The Third Circult
21716 United States Courthouse
601 Market Street
Philadelphia, PA.19106—179O
3. Marc P, Niedzielski, Esquire
Thomas H.Ellis, Esquire
Ralph K. Durstein, Esquire
Richard W. Hubbard, Esquire
Aaron R. Goldstein, Esquire
Department of Justice
Carvel State Building, 6th Floor.
820 North French Street
Wilmington,Delaware.19801
Respectfully Su mit d
aintiff Jerome K. Hamilton
Pro Se,