Court Case Record WILLIAM F. READE, JR. vs. WILLIAM FRANCIS GALVIN & another 2013-J-0416

WILLIAM F. READE, JR. vs. WILLIAM FRANCIS GALVIN & another Court Case Record

Court Case Number: 2013-J-0416

Case Number2013-J-0416
Case TypeCivil
StateMassachusetts, MA
CourtBarnstable Superior Court
Court Address
Field Date09/25/2013
Close Date11/05/2013


William F. Reade, Jr.Pro Se Plaintiff/Petitioner
William Francis GalvinDefendant/Respondent
Stephen W. Marshalek, Assistant Attorney GeneralAttorney General for CommonwealtDefendant/Respondent
Entry Date Paper Entry Text
09/25/2013 #1 Memo: *** Affidavit of Indigency, and Determination Regarding Fees and Cotst - IMPOUNDED ***
09/25/2013 #2 Appeal entered pursuant to M.G.L.c. 261, § 27(D) with attachments.^
09/27/2013 #3 ORDER: The plaintiff, William F. Reade, Jr., 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." Because the assembled record does not show that a hearing occurred, and written findings do not appear to have been made following filing of the notice of appeal, the assembly was premature. Accordingly, appellate proceedings are hereby stayed until October 28, 2013, and the matter is remanded to the Barnstable Superior Court (BACV2013-00299) for the plaintiff to be heard and, if denied and a timely notice of appeal filed, for the motion judge to enter the requisite findings and reasons, after which the Barnstable 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 (13-J-416). So ordered. (Cypher, J.) . *Notice/Attest/Nickerson, J.
11/01/2013 #4 Updated assemblies received from Barnstable Superior Court.
11/05/2013 ORDER: The plaintiff appeals pursuant to G. L. c. 261, § 27D, from the Superior Court judge's denial of the plaintiff's application for waiver of normal and extra fees and costs in a civil matter. After review of the Superior Court's (Rufo, J.) findings and reasons after hearing, dated October 17, 2013, I affirm the judge's order denying the waiver of fees and costs. So ordered. (Hanlon, J.) *Notice/Attest/Nickerson, J.