Court of Appeals for the Third Circuit January 31, 1968, 17033_1 (Henry A. Vigliano v. Honorable John G. Thevos, Hon. John Doe (Fictitious) and Hon. John F. Crane, Defendants-Respondents)

OPINION OF THE COURT

SEITZ, Circuit Judge.

Appellant (“plaintiff”) is imprisoned awaiting his third trial in a New Jersey state court on a murder charge. He commenced this action in the district court and named as defendants Judge

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Crane, who is the assignment Judge of the Superior Court of New Jersey, Pas-saic County, John Doe (fictitious), who will be the trial judge, and John Thevos, the