Opinion
13-P-1894
03-25-2015
SCOTT DARIN DRURY v. TOWN OF TEMPLETON & another.
NOTICE: Summary decisions issued by the Appeals Court pursuant to its rule 1:28, as amended by 73 Mass. App. Ct. 1001 (2009), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The plaintiff, Scott Darin Drury, refused to complete and sign a voter registration affidavit and identify himself as a United States citizen. Both are required under G. L. c. 51, §§ 1 and 44. As a result, Drury was not registered to vote. Drury filed a complaint in Superior Court seeking substantial damages. The defendants moved to dismiss the complaint. At a hearing, Drury agreed that he had refused to sign the voter registration affidavit. The judge converted the defendants' motion to a motion for summary judgment and dismissed the complaint, finding for the defendants and finding no genuine issue of material fact. Drury appeals. We affirm. Not only do we conclude that Drury has not asserted a viable claim and that there is no genuine issue of material fact, we also discern from Drury's filings with this court and as noted by the defendants in their brief, that Drury has moved from Templeton and any issue is, therefore, moot.
Judgment affirmed.
By the Court (Cypher, Wolohojian & Blake, JJ.),
The panelists are listed in order of seniority.
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Clerk Entered: March 25, 2015.