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Pandey v. Associate Justices of Superior Ct.

Appeals Court of Massachusetts
Aug 20, 2004
814 N.E.2d 35 (Mass. App. Ct. 2004)

Opinion

Nos. 03-P-277, 03-P-379.

August 20, 2004.


DECISIONS PURSUANT TO RULE 1:28.

(a). The Superior Court judgment and order incorporated in that judgment, No. HDCV2001-00863, are affirmed as follows:

"It is ORDERED that Pandey shall not file, and no clerk of the Superior Court shall accept for filing by the plaintiff, any complaint that names as a defendant any judge of any court of the Commonwealth unless the filing is approved by the appropriate Regional Administrative Judge or designee upon a finding that the complaint asserts a claim or claims that would survive a motion to dismiss based upon judicial immunity. The Clerk shall bring this order to the attention of the several clerks of the court."

(b). The Superior Court judgment and order incorporated in that judgment, No. HDCV2001-00520, are affirmed with the order being modified to provide as follows:

"It is ORDERED that if Pandey initiates any lawsuit in the future against any judge of the courts of the Commonwealth, Pandey shall attach to the complaint a copy of this memorandum and order entered by the Appeals Court on August 20, 2004, pursuant to Appeals Court RULE 1:28."

(c). As to both cases, No. HDCV2001-00863 and No. HDCV2001-00520, the orders set forth in subsections (a) and (b) may be enforced by appropriate sanctions against Pandey should he wilfully fail to comply.

(d). As to both cases, No. HDCV2001-00863 and No. HDCV2001-00520, nothing in the memorandum and order entered by the Appeals Court shall be read to prevent further orders from being imposed by a judge if Pandey persists in filing frivolous actions against judges.


Summaries of

Pandey v. Associate Justices of Superior Ct.

Appeals Court of Massachusetts
Aug 20, 2004
814 N.E.2d 35 (Mass. App. Ct. 2004)
Case details for

Pandey v. Associate Justices of Superior Ct.

Case Details

Full title:Vijai B. Pandey vs. Two Associate Justices of the Superior Court (and a…

Court:Appeals Court of Massachusetts

Date published: Aug 20, 2004

Citations

814 N.E.2d 35 (Mass. App. Ct. 2004)
814 N.E.2d 35