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Court Case Record BEHZAD SAMIMI vs. MASSACHUSETTS STATE POLICE & others 2013-J-0149 UID(c253)


BEHZAD SAMIMI vs. MASSACHUSETTS STATE POLICE & others Court Case Record

Court Case Number: 2013-J-0149


 
Case Number2013-J-0149
Case TitleBEHZAD SAMIMI vs. MASSACHUSETTS STATE POLICE & others
Case TypeCivil
StateMassachusetts, MA
CountyHampden
CourtHampden Superior Court
Court Address
Phone
Field Date04/08/2013
Close Date04/23/2013

Parties

CounselNameType
Behzad SamimiPro Se Plaintiff/Petitioner
Massachusetts State PoliceDefendant/Respondent
Colonel Timothy AlbenDefendant/Respondent
Governor's OfficeDefendant/Respondent
Deval PatrickDefendant/Respondent
Attorney General's OfficeDefendant/Respondent
Martha CoakleyDefendant/Respondent
Massachusetts Democratic CommittDefendant/Respondent
MA-Organizing For America (OFA)Defendant/Respondent
National-Organizing for AmericaDefendant/Respondent
National Democratic CommitteeDefendant/Respondent
Massachusetts General HospitalDefendant/Respondent
Cooley Dickinson HospitalDefendant/Respondent
Worcester State HospitalDefendant/Respondent
Massachusetts Commission AgainstDefendant/Respondent
Julian T. TynesDefendant/Respondent
Mental Health Legal Advisors ComDefendant/Respondent
Frank LaskiDefendant/Respondent
City of Springfield MA Police Dept.Defendant/Respondent
Charlestown District Court DivisDefendant/Respondent
Evan PlotkinDefendant/Respondent
NAI PlotkinDefendant/Respondent
NAI-GlobalDefendant/Respondent
Covidien/TYCO Healthcare Group,Defendant/Respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
04/08/2013 #1 Appeal entered pursuant to M.G.L.c. 261, § 27(D) with attachments. ^
04/09/2013 #2 ORDER: The plaintiff appeals from a denial of his motion for waiver, substitution or state payment of fees and costs. General Laws c. 261, § 27(C)(4) states, in relevant part: "the court shall not deny any request without first holding a hearing thereon; and if there is an appeal pursuant to section twenty-seven D following a denial, the court shall, within three days, set forth its written findings and reasons justifying such denial, which document shall be part of the record on appeal." Of note, the reasons for denial of a motion to waive the filing fee contemplated by G. L. c. 261, § 27(C) do not appear to include reasons unrelated to the moving party's indigency status. Because the assembled record does not show that a hearing occurred, and written findings do not appear to have been made, the assembly was premature. Accordingly, appellate proceedings are hereby stayed until April 29, 2013 and the matter is remanded to the Hampden Superior Court (HDCV2013-00217) for the plaintiff to be heard and for the motion judge to enter the requisite findings and reasons, after which the Hampden Superior Court shall assemble and transmit a new record, including a copy of the findings and any documents from which the findings are derived, to the Appeals Court under this docket number. (Green, J.). *Notice/Attest/Ferrara, J.
04/16/2013 #3 Copy of Order on plaintiff's request for determination of indigency and waiver of fees (Ferrara, J.), received from Hampden Superior Court.
04/23/2013 #4 ORDER: Pursuant G.L. c. 261, § 27(D), the plaintiff appealed from the Hampden Superior Court's denial of his motion for waiver, substitution or state payment of fees and costs on March 27, 2013. On remand, the Superior Court, in an order dated April 10, 2013, reversed itself, determining plaintiff indigent and accepting his complaint for filing. Accordingly, this appeal is dismissed as moot. (Green, J.). *Notice/Attest/Ferrara, J.