Bledsoe v. Comm'r of Corr., SJC–11647.

• Decision Date: 19 December 2014
• Docket Number: SJC–11647.
• Citation: 470 Mass. 1017,21 N.E.3d 542
• Parties: Haywood BLEDSOE v. COMMISSIONER OF CORRECTION.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

470 Mass. 1017

21 N.E.3d 542

Haywood BLEDSOE

v.COMMISSIONER OF CORRECTION.

SJC–11647.

Supreme Judicial Court of Massachusetts.

Dec. 19, 2014.

The case was submitted on briefs.

Haywood Bledsoe, pro se.

Opinion

RESCRIPT.

Haywood Bledsoe appeals from a judgment of a single justice of this court denying, without a hearing, his petition for relief under G.L. c. 211, § 3

. We affirm the judgment.

Bledsoe, an inmate in the custody of the Department of Correction, commenced an action in the Superior Court against the Commissioner of Correction and other officials. A judge issued an order granting summary judgment as to some of the counts in Bledsoe's amended complaint. After a hearing in which Bledsoe participated by video conference, a second judge granted summary judgment on the remaining counts and entered final judgment. Bledsoe's appeal therefrom is pending in the Appeals Court. Bledsoe's requests for a transcript of the summary judgment hearing were denied by the second judge and by a single justice of the Appeals Court. He thereafter moved for a digital versatile disc (DVD) record of the hearing at his own expense. That motion, too, was denied by a third judge on the ground that this is not necessary for his appeal. Bledsoe's G.L. c. 211, § 3

, petition sought relief from the third judge's decision.

“Relief pursuant to G.L. c. 211, § 3

, is extraordinary. We will not disturb the single justice's denial of relief absent an abuse of discretion or other clear error of law. See, e.g., Matthews v. Appeals Court, 444 Mass. 1007, 1008, 828 N.E.2d 527 (2005)

. A petitioner seeking relief under the statute ‘must “demonstrate both a substantial claim of violation of [his] substantive rights and error that cannot be remedied under the ordinary review process.” ’ McGuinness v. Commonwealth, 420 Mass. 495, 497, 650 N.E.2d 780 (1995), quoting Planned Parenthood League of Mass., Inc. v. Operation Rescue, 406 Mass. 701, 706, 550 N.E.2d 1361 (1990).” Black v. Commonwealth, 459 Mass. 1003, 1003, 942 N.E.2d 171 (2011). Bledsoe has not carried his burden under the statute for the

simple reason that he has not addressed the availability of review in the ordinary course. He offers no reason why he could not have appealed directly from the third judge's decision or why he cannot address in his pending appeal from the summary judgment his asserted need for, and inability to obtain, a DVD recording of the hearing. Moreover, Bledsoe has not substantiated in any way his claim that the second judge took testimony or other evidence during the hearing on the defendants' summary judgment motion, and that this would be reflected on a DVD recording. He has not provided copies of the motion papers or of the second judge's memorandum of decision, making it impossible for the single justice or for this court to evaluate his claim that the paper record is insufficient for his appeal. In other words, he has not demonstrated “a substantial claim of violation of [his] substantive rights.” McGuinness v. Commonwealth, supra. On this record, therefore, the single justice did not err or abuse his discretion by...