IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

GAYLORD CASH NEAL, SR., : 

 : CIVIL ACTION 

 Plaintiff : 

 : NO. 02-4374 

 vs. : 

 : 

GOVERNOR MARK SCHWEIKER, et al. : 

 : 

 Defendant : 

ORDER 

 AND NOW, this _____ day of _________, 2003, the above-captioned suit as to Judicial 

defendants, the Honorables John O'Grady and Benjamin Lerner, is dismissed for failure to state a 

claim upon which relief can be granted. 

 BY THE COURT: 

 _____________________________ 

 J. 

Case 2:02-cv-04374-HB Document 24 Filed 05/06/2003 Page 1 of 5
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

GAYLORD CASH NEAL, SR., : 

 : CIVIL ACTION 

 Plaintiff : 

 : NO. 02-4374 

 vs. : 

 : 

GOVERNOR MARK SCHWEIKER, et al. : 

 : 

 Defendant : 

JUDICIAL DEFENDANTS' MOTION TO DISMISS

 AND NOW, Philadelphia Court of Common Pleas Judges John O'Grady and Benjamin 

Lerner, by their attorney, David M. Donaldson, Esquire, respectfully requests that this Honorable 

Court dismiss the above-captioned suit as to them for failure to state a claim upon which relief 

can be granted, and for the same reasons for which this Court has dismissed the suit as to the 

other defendants, the District Attorney of Philadelphia and the former Governor of Pennsylvania. 

 Respectfully submitted, 

 __________________________________ 

 DAVID M. DONALDSON, ESQUIRE 

 Attorney I.D. No. 17276 

 Administrative Office of PA Courts 

 Suite 1414 

 1515 Market Street 

 Philadelphia, PA 19102 

 (215) 560-6300 

 Counsel for Defendants, 

Honorable John J. O'Grady, Jr., 

and Honorable Benjamin Lerner

Case 2:02-cv-04374-HB Document 24 Filed 05/06/2003 Page 2 of 5
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

GAYLORD CASH NEAL, SR., : 

 : CIVIL ACTION 

 Plaintiff : 

 : NO. 02-4374 

 vs. : 

 : 

GOVERNOR MARK SCHWEIKER, et al. : 

 : 

 Defendant : 

MEMORANDUM OF LAW IN SUPPORT OF 

JUDICIAL DEFENDANTS' MOTION TO DISMISS

I. INTRODUCTION

Plaintiff, Gaylord Cash Neal, Sr., who alleges he is a twice-convicted felon, has sued the 

former Governor, the District Attorney of Philadelphia and two Court of Common Pleas Judges 

for "falseness of certification perpetuated for thirty (30) years." Paragraph 1 of Complaint. 

Upon Motions to Dismiss, this Court has already dismissed the suit as to the District Attorney 

and the former Governor for failure to state a claim; and plaintiff has appealed the dismissal. For 

the same reasons that plaintiff's complaint as to the District Attorney and former Governor was 

dismissed, the complaint as to the two Judges should be dismissed. Plaintiff seeks no relief as to 

the Judges. 

II. ARGUMENT

As usual with plaintiff's complaints, it is very difficult to discern the relief he seeks. It 

would seem, from the District Attorney's perspective to be habeas corpus, in which the District 

Attorney, not the state court Judges have the advocacy interest. In any event, since plaintiff 

seeks no relief as to the Judges, and for the same reasons as this Court dismissed the suit for 

Case 2:02-cv-04374-HB Document 24 Filed 05/06/2003 Page 3 of 5
failure to state a claim as to the District Attorney and the former Governor (see attached Opinion 

for ease of reference), the state court Judges ask that this suit be dismissed as to them 

 Respectfully submitted, 

 __________________________________ 

 DAVID M. DONALDSON, ESQUIRE 

 Attorney I.D. No. 17276 

 Administrative Office of PA Courts 

 Suite 1414 

 1515 Market Street 

 Philadelphia, PA 19102 

 (215) 560-6300 

 Counsel for Defendants, 

Honorable John J. O'Grady, Jr., 

and Honorable Benjamin Lerner

Case 2:02-cv-04374-HB Document 24 Filed 05/06/2003 Page 4 of 5
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

GAYLORD CASH NEAL, SR., : 

 : CIVIL ACTION

 Plaintiff : 

 : NO. 02-4374 

 vs. :

 :

GOVERNOR MARK SCHWEIKER, et al. :

 :

 Defendant : 

CERTIFICATE OF SERVICE

The undersigned counsel hereby certifies that on May 6, 2003, he personally caused to be 

served upon the following a true and correct copy of the foregoing Motion to Dismiss, filed on 

behalf of the Honorable John J. O'Grady, Jr., and the Honorable Benjamin Lerner, by mailing 

same first class, postage pre-paid, U.S. mail to: 

Patrick J. McMonagle Cari L. Leventhal, Esquire 

District Attorney's Office 

1421 Arch Street 

Philadelphia, PA 19102 

Counsel for Lynne Abraham 

Office of Attorney General 

21 S. 12th Street, 3rd Floor 

Philadelphia, PA 19107-3603 

Counsel for Governor Schweiker 

Gaylord Neal

2209 N. 18th Street 

Philadelphia, PA 19132 

 Pro Se Plaintiff 

 __________________________________ 

 DAVID M. DONALDSON, ESQUIRE 

 Attorney I.D. No. 17276 

 Administrative Office of PA Courts

 1515 Market Street, Suite 1414 

 Philadelphia, PA 19102 

 (215) 560-6300 

 Counsel for Defendants, 

Honorable John J. O'Grady, Jr., 

and Honorable Benjamin Lerner 

Case 2:02-cv-04374-HB Document 24 Filed 05/06/2003 Page 5 of 5