Plaintiff/Appellant's Count II was a collateral attack on Judge Jarvis's

previous order enjoining Plaintiff/Appellant from:

          "... filing any further pleadings in this case and
          any further pleadings in the United States District
          Court for the Eastern District of Tennessee arising
          out of the facts set forth in this lawsuit..."

    However,  Honorable Thomas G. Hull also made the following statement

in his order of December 18, 1996 with respect to the case before Judge

Jarvis: 

          "... there is a suggestion in the record that Judge
          Jarvis may have relied upon a false affidavit in
          dismissing the previous lawsuit..."

    Plaintiff/Appellant then filed a Motion to Set Aside Orders on

January 17, 1997 in the immediate case which was denied by Judge Jarvis

by his Final Order of January 31, 1997.  This Final Order was appealed by

Plaintiff/Appellant within 10 days under Rule 60, Federal Rules of Civil

Procedure and Rule 4, Federal Rules of Appellate Procedure.

    On May 19, 1997, Plaintiff/Appellant filed a Petition For Writ

Of Prohibition  against Judge Jarvis which is presently before this

Honorable Court as Court of Appeals Case No. 97-5611.  Judge Jarvis was

given the opportunity by this Honorable Court to respond to the charges

in said petition. On Friday, June 6, 1997, Plaintiff/Appellant was

informed by the Clerk of the Court that Judge Jarvis had returned the

certified docket as requested by this Court but had submitted no cover

letter and no response.

                         STATEMENT OF THE FACTS

    On August 27, 1990, Plaintiff/Appellant Ernest A. Oliver ("Oliver")

was fired from his position of Lab Director at Hydro-Vac Services, Inc.,

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