Opinion
SJC–11213.
2012-10-29
Chukwuma E. AZUBUKO v. REGISTRY OF MOTOR VEHICLES.
Supreme Judicial Court, Superintendence of inferior courts. Motor Vehicle, License to operate. Practice, Civil, Commencement of action.
Chukwuma E. Azubuko, pro se.
RESCRIPT.
Chukwuma Azubuko appeals from the denial by a single justice of this court of his petition for relief under G.L. c. 211, § 3. In 2010, he commenced an action in the Superior Court seeking reinstatement of his driver's license, which had been suspended due to a number of citations that had been issued to him. On the motion of the registry of motor vehicles, the complaint was dismissed on the ground that Azubuko had not demonstrated any legally cognizable basis for the lawsuit.
Azubuko did not exercise his right to appeal. Instead, he sought to invoke this court's extraordinary power of general superintendence under G.L. c. 211, § 3. Relief under G.L. c. 211, § 3, is not available where Azubuko had an opportunity to appeal in the ordinary course.
When he filed his complaint, Azubuko was subject to an order that he obtain written permission from the Regional Administrative Justice before commencing any new action. It is unclear whether he complied with this order before filing the complaint.
When he filed his complaint, Azubuko was subject to an order that he obtain written permission from the Regional Administrative Justice before commencing any new action. It is unclear whether he complied with this order before filing the complaint.
Judgment affirmed.