DISCLAIMER:

These summaries of case decisions are intended for informational purposes only. They are not intended to be interpretations of the law, nor do they encompass the subtleties of each case. Therefore, reference to the original text is indispensable.



Wednesday, November 6, 2013

Lianne Henderson's Summary of "Azbuko v. Commonwealth"

Azbuko v. Commonwealth
463 Mass. 1010 (2012)

Chukwuma E. Azubuko sought relief in the nature of mandamus and was denied by a single justice of the Supreme Judicial Court.  He previously was ordered to receive permission prior to commencement of any new action due to frivolous filings in the past, and was denied permission to file a complaint due to lack of a cause of action.  One year later, Mr. Azubuko tried to file the complaint in the county court and asked that the matter be remanded to and accepted by the Superior Court.  He failed to show how the Superior Court judge erred in denying his request for permission to file the complaint.  The Supreme Judicial Court found that the judge did not err by denying relief because Mr. Azubuko did not show any basis on which his action could proceed.

Written 6/30/13