Skandha v. Clerk of Superior Court for Civil Bus. in Suffolk County
Annotate this CasePetitioner and two other plaintiffs filed a complaint against the Committee for Public Counsel Services and several associated attorneys alleging violations of their due process rights. The superior court dismissed the complaint. Petitioner filed a notice of appeal, but the appeal was dismissed on the grounds that Petitioner had failed to take the necessary steps to perfect it. Petitioner filed a notice of appeal from the dismissal of his appeal. After his efforts to appeal stalled in the superior court Petitioner filed petitions in the county court for relief in the nature of mandamus and pursuant to Mass. Gen. Laws ch. 211, 3 asking the single justice to direct the superior court clerk to assemble the record for purposes of his appeal. The single justice denied the petitions. The Supreme Judicial Court affirmed, holding that the single justice was within his discretion in denying the petitions where Petitioner did not first pursue available alternatives before seeking extraordinary relief from the Court.
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