Court Case Record ALLAN HECTOR & another vs. PHILLIP OFUME 2013-J-0367

ALLAN HECTOR & another vs. PHILLIP OFUME Court Case Record

Court Case Number: 2013-J-0367

Case Number2013-J-0367
Case TitleALLAN HECTOR & another vs. PHILLIP OFUME
Case TypeCivil
StateMassachusetts, MA
CountyBoston Housing
CourtBoston Housing Court
Court Address
Field Date08/28/2013
Close Date10/04/2013


Austin S. O'Toole, EsquireAllan HectorPlaintiff/Respondent
Cynthia Rodriguez HectorPro Se Plaintiff/Respondent
Phillip OfumePro Se Defendant/Petitioner
Entry Date Paper Entry Text
08/28/2013 #1 Appeal entered pursuant to M.G.L.c. 239, § 5 with attachments.
08/30/2013 #2 Notice to counsel & parties for hearing before Vuono, J. on 9/13 @ 2:30 P.M. in Courtroom 4.
08/30/2013 #3 Copy of Affidavit of Indigency of Phillip Ofume, received from Boston Housing Court.
08/30/2013 #4 Materials submitted, received from Allan Hector & Cynthia Rodriguez Hector. ^
09/03/2013 #5 RE#3: The plaintiffs have submitted several documents including pictures to this court; however, the materials are not accompanied by a certificate of service. If they have not already done so, the plaintiffs shall forthwith serve a copy of their submission on the defendant, and, on or before 9/10/13, the plaintiffs shall file an appropriate certificate of service with this court. *Notice.
09/06/2013 #6 Opposition to plaintiff's submissions without service on defendant filed by Phillip Ofume^
09/06/2013 #7 Opposition to housing court record submissions to court of appeals, filed by Phillip Ofume^
09/10/2013 #8 Verified opposition to clerk/magistrate's partial and censored transmittal of record on request for single justice review pursuant to M.G.L.c 239 § 5 & 261 § 27D; M.G.L.c. 249 §5 and Fed.R.App. P. 21; M.C.P.R. 42 (Consolidation), filed by Phillip Ofume.^
09/11/2013 #9 Motion to dismiss, filed by Allan Hector & Cynthia Rodriguez Hector. ^
09/11/2013 #10 Motion to submit statement, exhibit, witnesses, etc in support of his request for review of orders relating to appeal bond hearing, filed by Phillip Ofume. ^
09/12/2013 #11 Opposition to purported motion to dismiss, filed by Phillip Ofume^
09/13/2013 #12 Hearing held.
09/13/2013 #13 Appearance of Attorney Austin S. O'Toole for Cynthia Rodriguez Hector, Allan Hector^
09/13/2013 #14 No Appearance at hearing on behalf of Phillip Ofume^
09/19/2013 #15 ORDER: The defendant, Phillip Ofume, has appealed pursuant to G.L. c. 239, § 5. The appeal bond at issue was set by a judge of the Boston Housing Court at $2,897. The defendant's motion to waive the appeal bond was denied by the Housing Court on August 6, 2013, on the ground that the defendant had failed to establish his indigent status. See G. L. c. 261, § 27A. On September 13, 2013, I held a hearing in connection with the defendant's appeal at which only the plaintiff landlord appeared. The defendant's absence, while not condoned, has no bearing on my decision. Following the hearing, and upon consideration of the entire record in this case, I conclude that the defendant has failed to demonstrate that he is indigent within the meaning of G. L. c. 239, § 5(e). Furthermore, I discern no meritorious defenses of which the defendant can avail himself. The plaintiff has filed a Motion to Dismiss in response to this appeal. That motion is denied without prejudice to renewal in the trial court. Furthermore, although the defendant has a history of extensive litigation in the Superior Court and Housing Court, I decline to issue an order, as requested by the plaintiff, requiring the defendant to obtain prior judicial approval before initiating litigation in this court. Accordingly, the order of the Boston Housing Court in 2013-H84-SP-002057 denying the defendant's Motion to Waive Appeal Bond is affirmed. So ordered. (Vuono, J.) *Notice/Attest/Muirhead, J. Footnote: (1) Cynthia Rodriguez Hector
09/19/2013 #16 Notice of appeal, filed by Phillip Ofume. ^
09/25/2013 Consolidated Amended Notice of appeal, filed by Phillip Ofume. ^
10/02/2013 Consolidate Amended Notice of appeal, filed by Phillip Ofume. ^
10/04/2013 ORDER: The defendant, Phillip Ofume, has filed a notice of appeal and two "consolidated notices of appeal" from an order of the single justice of September 19, 2013, affirming the denial of an order denying a motion to waive a summary process appeal bond pursuant to G. L. c. 231, § 6G. The decision of the single justice is final and not subject to further appeal. See Home Savings Bank v. Camillo, 45 Mass. App. Ct. 910, 911 (1998); Ford v. Braman, 30 Mass. App. Ct. 968, 970 (1991); see also G. L. c. 239, § 5(h). Accordingly, the notices of appeal are struck and all requested relief is denied. So ordered. (Cypher, J.) . *Notice/Attest/Muirhead, J.