Opinion
No. 12–P–1086.
10-01-2014
Abraham KASPARIAN, Jr. v. UNCLE BOB'S SELF–STORAGE & others.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
This pro se appeal apparently has its origin in a 2004 settlement of the plaintiff's divorce proceedings. On August 22, 2011, the plaintiff filed a complaint in Superior Court. The defendants filed a motion to dismiss on October 17, 2011. The plaintiff was granted additional time (sixty-five days) to file his opposition, and when he failed to do so, the motion to dismiss was allowed on January 27, 2012, and judgment was entered accordingly. On March 21, 2012, the plaintiff filed a motion for relief from judgment claiming he was on “Mental Health Watch” by the Department of Correction from November 21, 2011, until February 2, 2012, and thereby prevented from filing papers or otherwise receiving or responding to court filings, although he did make a telephone call to the “Prisoner Legal Services” during this time period. The same judge denied the motion for relief from judgment on the basis that “the difficulties recited by plaintiff do not amount to either good cause or excusable neglect.” Based on the record before us, which is in great part incomprehensible, and does not contain any independent corroboration of the plaintiff's claim that he could not make or receive court filings during the relevant time period, we cannot conclude that the judge abused his discretion. See Wang v. Niakaros, 67 Mass.App.Ct. 166, 169 (2006). Finally, we decline to award the defendants attorney's fees as their brief was not particularly helpful in elucidating the difficult-to-decipher matters presented herein.
Order denying motion for relief from judgment affirmed.