Court Case Record GERALD JONES vs. RAYMOND FREDERICK & others 2013-J-0482

GERALD JONES vs. RAYMOND FREDERICK & others Court Case Record

Court Case Number: 2013-J-0482

Case Number2013-J-0482
Case TypeCivil
StateMassachusetts, MA
CourtWorcester Superior Court
Court Address
Field Date11/04/2013
Close Date11/05/2013


Gerald JonesPro Se Plaintiff/Petitioner
Raymond FrederickDefendant/Respondent
Lisa JonesDefendant/Respondent
Trynell WilliamsDefendant/Respondent
Entry Date Paper Entry Text
11/04/2013 #1 Affidavit of Indigency (IMPOUNDED), filed by Gerald Jones
11/04/2013 #2 RE#1 ALLOWED FORTHWITH. The appellant's Affidavit of Indigency appears regular and complete on its face, and indicates that the appellant is indigent. The court hereby allows the Motion to Waive entry fee. Notice sent.
11/04/2013 #3 Appeal entered pursuant to M.G.L.c. 261, § 27(D) filed by Gerald Jones^
11/05/2013 ORDER: Petitioner's papers, titled "Petition for Relief pursuant to G.L. c. 211, § 3," were transmitted from the Supreme Judicial Court for Suffolk County to the Appeals Court on October 28, 2013. From a review of the papers, it appears that the Petitioner attempts to appeal from the Worcester Superior Court's August 26, 2013 Order (Gordon, J.) requiring partial payment of the normal filing fees and costs associated with initiating a civil action. General Laws c. 261, § 27D governs such appeals. An appeal under G.L. c. 261, s. 27D is automatically entered upon the receipt of the assembled materials from the Superior Court's Clerk's Office. See G.L. 261, § 27D ("[t]he clerk . . . shall then forward the affidavit and request, the court's findings and reasons for denial and any other documents on file relevant to the appeal, to the clerk of the court deciding the appeal"). Here, the petitioner must await the transmittal of such assembly by the Superior Court, which to date has not been received. Accordingly, this petition is dismissed without prejudice as premature. So ordered. (Hanlon, J.) *Notice/Attest/Gordon, J.