event detailsposted by: International Human Rights Research Group begins: Sep 11, 6:00 pm ends: Sep 11, 6:00 pm location: USA & WORLD |
GOVERNOR OF THE STATE OF MASSACHUSETTS AND SUPREME JUDICIAL COURT - NO. SJ -2008 -0238 ET AL: BLOCKED BY THE CONSTITUENT SERVICES AIDE AND CLERK OF COURT TO ALLOW POLITICALLY MOTIVATED CRUEL EVICTION AT 33 ARLINGTON STREET, #1 LYNN, MA 01902
September 11, 2008
OFUME FAMILY (Phillip Ofume, et al) v. NANCY & SALVATORE VIGORITO and METROPOLITAN BOSTON HOUSING PARTNERSHIP (MBHP) and MASSACHUSETTS DEPARTMENT OF TRANSITIONAL ASSISTANCE (DTA) CIVIL ACTION: NORTHEAST HOUSING COURT DOCKET NO.
07-CV-00178
The role of the defendants, The Massachusetts Supreme Judicial Court and Governor’s Constituent Services Aide is terrible and shameful under any constitutional democracy and judiciary. Recently over two years, the Ofume family and its NGOs are persecuted because of campaign for the President of Nigeria 2007/2011 and Obama President of America.
The Governor’s Constituent Services Aide and Clerk of The Supreme Judicial Court censored submissions to the Governor and the Court to facilitate politically motivated extra-judicial eviction of seven children and their two parents as case remain active and pending before different law courts in Massachusetts. Non of these cases have been disposed.
Directly and indirectly, all the extra-judicial activities mentioned in this article and court documents are being sponsored by the Canadian/Nigerian governments and Nigeria’s foreign and domestic oil/gas companies purpose of finding path that would impede the head of Ofume family’s bid for the President of Nigeria 2011.
On these cases when issue of extra-judicial activities has arisen out in the Superior Court Department, Lawrence, MA and Northeast Housing Court, Lawrence, MA and no healthy law court to intervene to resolve the conflict, Plaintiff (Ofume family, seven children and two parents) sought the power of the executives by petitions supported with scores of evidence and mailed to The Honourable Governor of the State of Massachusetts, Deval Patrick, Senator Edward Kennedy, etc and submitted in person and mailed by CERTIFIED MAIL (04/03/2008).
Particularly, the Ofume family made several telephone calls to the governor’s office with the intention to know whether the governor has received Plaintiff’s submissions. Governor’s office acknowledged receipt of the submissions and the office promised to forward the submissions to the governor.
Surprised, letter dated September 8, 2008 of the Governor’s Office signed without name of the author was received by the Ofume family on September 10, 2008. Upon receipt, Dr. Phillip Ofume telephoned the governor’s office with the intention to talk to the Governor.
A male staff who introduced himself as the Constituent Services Aide answered the telephone. He said that he is aware of the submissions of the Ofume family and also aware of the letter dated September 8, 2008.
Dr. Ofume asked him question with issue, whether before the negative response was sent to the family, the governor has seen the family’s submissions. The male Constituent Services Aide answered “no” and further declined to give reason why the submissions were not forwarded to the governor and without name of the author of the letter (09/8/2008). Immediately, he exited the telephone discussion.
Today ( September 11, 2008) at about 6.33 a.m. as the cases (forcible eviction) remain active or pending in different law courts across the state of Massachusetts, harassment team was dispatched to the Ofume family without lawful authority issued notice of eviction dated September 11, 2008 and in part the letter of eviction warned,
“Your last night at MBHP Scattered Site (33 Arlington Street #1 Lynn, MA 01902) Unit is September 10, 2008”.
Also on December 17, 2003 as different cases remain pending in different Canadian law courts including Supreme Court of Canada, the Canadian government drafted police and tugs to break and enter, the Ofume family’s private properties and seized and impounded home (8 Edwin Ford Court Bedford Nova Scotia Canada B4A 4B6), properties, cash and goods valued over $11 million.
This type of extra-judicial action requires urgent intervention of the governor and other executives inside and outside Massachusetts because it is capable of brewing lead to confrontation. How is possible for government officials in America that have been throwing different kinds of human rights violation mud on China, Russia, Iran, etc engage in this type of extra-judicial activity.
For example, see what cruel people suffer when they do things in haste to punish innocent people. The letters commanded eviction and last occupancy to be September 10, 2008 and the letter was dated September 11, 2008 and served on September 11, 2008. The devastating meaning of this cruelty is that the family was ordered to vacate the premises on September 10, 2008 whereas the notice to vacate is dated and served on September 11, 2008. The leader of the harassment team (Kelvin) is Canadian citizen.
Today (09/11/2008) is bad day for the family and its NGOs. The Ofume family and its NGOs across the world are in mood or state of mourning and trying to survive two heartburning incidents and dates which occurred TODAY (state or non-state terrorist attack on different locations in the United States with painful loss of life and property) and 4th Remembrance Day of the Declaration of Continental State of Emergency on AIDS/HIV (09/11/2004) and announcement of the discovery of CURE MEDICATION for AIDS/HIV. These defendants are terrible for choosing today to unleash this cruelty against the Ofume family and its NGOs.
ARTICLED AND PUBLISHED:
Phillip Ofume, Ph.D.
Chair, National & International Policy Research Council; Head, Law
Reform and Litigation and Security Policy Council; Candidate in Exile
- Nigeria's Presidential Election 2007; National Chair, Canadian
Sociology and Anthropology Association -Anti-Racism Committee (p)
.
Godson Etiebet, Ph.D.
Researcher, (Policy/Good Government) National and International
Policy Research Council Coordinator, Europe Section, Switzerland
Cynthia H. Taylor, Ph.D./Alh. (Dr.) Farruk Mohammad
Strategic Development Researchers - International Policy Research
Council, Middle East Project
Tan Ochollu, D.Lit.
Principal Researcher, (Strategic Development) National and
International Policy Research Council Director of Asia Project
Reid MacDonald, Ph.D.
Coordinator, North America Section
Kris Kifindi Bunkheti, Ph.D. - Sept 2007 - present continued to
detained/imprisoned by the PM of Canada Stephen Harper
Researcher (Language/Culture), National and International Policy
Research Council York University (Department of History) Toronto,
Ontario Canada (p)
Jerome Tesfai, D. Min/Div
Principal Researcher, Policy and Practice in Government and Foreign
Interveners - Africa Project
Francois Bourgeois/Pierre Bushel
International Human Rights Watch and Democracy - St. Etienne, France
Send Comment to: Ihrwa4re...@hotmail.com for Europe Section
ANTI-REFUGEE SLAVERY INTERNATIONAL (INTERNATIONAL CAMPAIGN PROJECT); AFRICAN CANADIAN HUMAN RIGHTS ASSOCIATION (ACHRA);
NETLINK INTERNATIONAL COMMUNICATION SYSTEM (NLICS);
INTERNATIONAL CAMPAIGN FOR NIGERIAN PEOPLE'S LIBERATION AND DEMOCRACY (ICN-PLD); OIL AND CHEMICAL WATCH INTERNATIONAL (OCWI); AFRICAN CANADIAN IMMIGRANT SETTLEMENT ASSOCIATION (ACISA); INTERNATIONAL NETWORK FOR PEACE AND DEVELOPMENT IN AFRIK (NIPAD).
Contact:
P. O. Box 25153 Halifax, Nova Scotia Canada B3M 4H4 Phone: (902)
832-3559 Fax: (902) 832-3558 E-mail:
federr...@hotmail.com,sis_mc...@hotmail.com for North/South
Americas ; Africa ; Middle East ; Asia ; Australia ; etc.
In the United States of America:
Dr. Phillip C. Ofume
c/o 33 Arlington Street, Suite 1
Lynn, Massachusetts USA 01902
Mobile: (617) 888 - 4205 (No Voice Message)
Tel. (617) 263- 8604 (Voice Message allowed)
Tel (781) 842-1225 (24-hr service)
Websites: "Dr. Phillip Ofume";
http://www.google.com/search?hl=en&q=Dr.+Phillip+Ofume+Political+Mani...
etc E-mail: globalaids_hivcureinteract...@yahoo.co.uk ,
confid1...@hotmail.com
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signed hard copies directly from the Publishers.
__________________________________________________________________________________
MASSACHUSETTS SUPREME JUDICIAL COURT NO. SJ -2008 -0238: JUDGE RULED IN ANGER WITHOUT A HEARING - PLAINTIFF TO APPEAL TO THE SUPREME COURT OF THE UNITED STATES
______________________________________________________________________________
REASON FOR ANGER & PREDETERMINED RULING BY THE NIGER DELTA REGION'S OIL/GAS COMPANIES
The ruling under-going appeal to The Supreme Court of the United States was issued on September 8, 2008. The presiding Judge has not sent written reason for his/her vexatious ruling. Motion for Stay will be filed on before Sept. 11, 2008.
OTHER FACT
NANCY & SALVATORE VIGORITO) of 33 Arlington Street, #1 Lynn, MA 01902 appointed lease agents ( METROPOLITAN BOSTON HOUSING PARTNERSHIP (MBHP) and MASSACHUSETTS DEPARTMENT OF TRANSITIONAL ASSISTANCE (DTA) with full power to lease out 33 Arlington Street, #1 Lynn, MA 01902 to intended tenant. MBHP is an agent and servant of DTA.
In-between surviving tenancy or lease period, the cartel mentioned above paid DTA to forcibly relocate the Plaintiff, Ofume family to cities (Dorchester, Mattapan and Jamaica Plain) where the cartel has assassination pad to facilitate the murder of the family particularly, Dr. Ofume. During the exchange of the bribes, Dr. Ofume alerted the CIA and FBI. After receipt of these bribes, MBHP issued emergency QUIT NOTICE ( 48 hours et al ) on the Ofume family. With the Massachusetts administrative mechanism, the Ofume family appealed the forcible QUIT NOTICE decision of the lower officer to the level of the state’s Hearing Officer and further THE SUPERIOR COURT DEPARTMENT and pending in this court. Under this level, the Ofume family filed application (Mandamus) to request this Court to perform a specific action in the case.
The lead case #1 was filed in person with The Massachusetts Supreme Judicial Court on May 30, 2008, stamped and docket No. 2008 - 238 was issued. Thereafter, lead case #2 was filed by US CERTIFIED MAIL NO. 7007 1490 0004 2353 6603 (06/14/2008) with Delivery Receipt signed and received by THE SUPREME JUDICIAL COURT. lead case #3 was filed by US CERTIFIED MAIL NO. 7007 1490 0004 2365 8831 (07/03/2008) with Delivery Receipt signed and received by THE SUPREME JUDICIAL COURT.
The Plaintiff waited for some good time and traveled to the Court to know reason why the Court has not acknowledged receipt and issue docket numbers to the Lead Cases # 2 & 3. In the office of the Clerk, Dr. Phillip C. Ofume was told that the person in charge of his case was on vacation and that he/she went on vacation with the entire files containing his case. Dr. Ofume was shocked and stocked in-between right to justice.
More shocked overwhelmed Dr. Ofume during the last visit (08/18/2008) of the several visits to the Court that lead cases # 2 & 3 have not been assigned docket numbers. Reason for this delay is unknown because lead cases # 1, 2, & 3 can not be consolidated because they are addressing different subject matters and two of the three lead cases are from different court jurisdictions.
____________________________________________________________________________
COMMONWEALTH OF MASSACHUSETTS
SUPREME JUDICIAL COURT
CIVIL ACTION NO. SJC - 2008 - 0238
OFUME FAMILY (Phillip Ofume, et al)
(Applicant/Plaintiff)
V.
CLERK-MAGISTRATE AND THE PRESIDING JUDGE OF THE LAWRENCE
DIVISION OF THE MASSACHUSETTS NORTHEAST HOUSING COURT
DEPARTMENT AT LYNN SESSION
(Defendants)
LEAD CASE:
OFUME FAMILY (Phillip Ofume, et al) v. NANCY & SALVATORE VIGORITO and METROPOLITAN BOSTON HOUSING PARTNERSHIP (MBHP) and MASSACHUSETTS DEPARTMENT OF TRANSITIONAL ASSISTANCE (DTA)
CIVIL ACTION: NORTHEAST HOUSING COURT DOCKET NO. 07-CV-00178
___________________________________________________________________________
Verified Application for Relief under the Massachusetts General Law chapter 249, § 5 on The Clerk-Magistrate and The Presiding Judge of the Lawrence Division of the Massachusetts Northeast Housing Court Department at Lynn Session on September 11, 2007 and April 29, 2008
_____________________________________________________________________________
Procedural History/Structure/Action
Parties: OFUME FAMILY (Phillip Ofume, et al) v. NANCY & SALVATORE VIGORITO and METROPOLITAN BOSTON HOUSING PARTNERSHIP (MBHP) and MASSACHUSETTS DEPARTMENT OF TRANSITIONAL ASSISTANCE (DTA)
Lynn Session (Civil): September 11, 2007 - April 29, 2008
Before: David D. Kerman - Associate Justice
Counsels/Representatives: Phillip C. Ofume (for the Plaintiff) Edward B. McGrath
BURNS & FARREY (for the Defendant - MBHP) , Sal & Nancy Vigorito (for the Defendant) and Michael Ciccolo (for the Defendant - DTA)
Nature of Case: Per several citations issued by Housing Violation Civil action commenced in
OFUME FAMILY (Phillip Ofume, et al) V. CLERK-MAGISTRATE ET AL
The Lawrence Division of the Massachusetts Northeast Housing Court Department on August 11, 2007.
Nature of Action/Place: Civil Action. Nature of Mandamus. Supreme Judicial Court. 100% of the local judicial and other remedies were exhausted, lost and nonchalantly unheeded. Shocking rapture and compromise in US constitutional judiciary. Applicant/Plaintiff (Black) filed Complaint with the Massachusetts Northeast Housing Court as result of Two Major Housing Violation Citations issued by the Massachusetts Inspectional Services of the Department of Health and Human Services dated June 26, 2007 and the approved representatives of the 2nd and 3rd Defendants (MBHP and DTA) issued over 120 housing violation citations against the property owners or 1st, 2nd and 3rd defendants. First Defendant politicized removal of the lead defendant (Sal & Nancy Vigorito) without motion filed by Sal & Nancy Vigorito or other defendants and any intervenors soliciting removal of any parties from the case. Sal & Nancy Vigorito (White) is the lead defendant. Northeast Housing Court acted on an extrajudicial authorities to remove the lead defendant (Sal & Nancy Vigorito) in order to grant amnesty to other defendants (hereinafter, "agents and representatives for Sal & Nancy Vigorito"). Opportunistically, Sal & Nancy Vigorito did not enter appearance and did not file anything to have them removed from the case. September 11, 2007 - present, Applicant/ Plaintiff’s letters, petitions, appeal, motions and oral protests submitted/filed with the Court and after over seven (7) months on April 29, 2008 one motion day allowed. Clerk-Magistrate of Court and Presiding Judge refused to issue directions/decisions/orders. Sal & Nancy Vigorito has not been returned to Plaintiff’s Statement of Complaint. No directions/decisions/orders to enable the case move forward. Under this nonchalance and immobility, the lead defendant (Sal & Nancy Vigorito) and other defendants take laws into their hands including poisoning/gassing Plaintiff’s apartment and majority of members of the Plaintiff’s family remain hospitalized since on March 17, 2008. Defendants refused and failed to fix majority of the past and new citations and further gassing/poisoning the apartment to forcibly evict or kill the Applicants/Plaintiff. Lynn Police requested Plaintiff to arrest and bring the suspect to its station. Since on March 17, 2008 majority of the members of the Plaintiff’s family is suffering endless illnesses and hospitalization. Fake probable cause hearing was organized by the Northeast Housing Court, Lawrence, MA. In the other hand, Criminal Complaints against Sal & Nancy Vigorito et al downplayed.
_____________________________________________________________________________
1. STATEMENT OF REASON FOR SEEKING RELIEF UNDER M.G.L. C. 249, § 5
a. The Report of the Government of Massachusetts or the Inspectional Services of the Department of Health and Human Services dated June 26, 2007 issued extensive housing violation citations against lead or 1st Defendant (Sal & Nancy Vigorito) on first part and the approved representatives of the 2nd and 3rd Defendants (MBHP and DTA) issued over 120 housing violation citations against the property owners or 1st, 2nd and 3rd defendants on second part. Severally, these citations have been evidenced and marked EXHIBITS in
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OFUME FAMILY (Phillip Ofume, et al) V. CLERK-MAGISTRATE ET AL
support of various Motions and Oppositions which have been filed by the Applicant /Plaintiff and 2nd and 3rd defendants and heard by the Court. The Motions to Dismiss Plaintiff’s Statement of Complaint which were filed by the 2nd and 3rd defendants were dismissed by the Order of Associate Justice David D. Kerman defendants’ Motions were dismissed.
b. The first and second parts of the housing violation citations led to Applicant/ Plaintiff’s Statement of Complaint filed with The Massachusetts Northeast Housing Court on August 11, 2007. Applicant/Plaintiff is political/convention refugee and stateless person, hail from the Niger Delta Region of Nigeria and lead Applicant/Plaintiff, Dr. Phillip C. Ofume is potential Presidential Candidate In-exile for the President of Nigeria 2007 and 2011 with several political rivals with several billions of looted monies of Nigeria inside and outside Massachusetts.
c. The lead or 1st Defendant (Sal & Nancy Vigorito) is politically backed by the Northeast Housing Court and political rivals of the Applicant/Plaintiff. Sal & Nancy Vigorito did not enter appearance and/or file defence. Sal & Nancy Vigorito failed to attend all Court proceedings. Unusually, the Court filed oral application (09/11/2007) soliciting for the removal of Sal & Nancy Vigorito from the case.
d. The Court proposed removal of Sal & Nancy Vigorito from the case without motion filed by Sal & Nancy Vigorito. September 11, 2007 was the first Motion Day in this case and the business of the Court on September 11, 2007 was limited to DETERMINATION REGARDING FEES AND COSTS pursuant to Applicant/Plaintiff’s Forma Pauperis or cost waiver application to the Court.
e. Applicant/Plaintiff restates that there was no defendants’ previous motion as to pleading to have any of the defendants removed from the case but the court took an unsolicited responsibility to remove lead or 1st Defendant (Sal & Nancy Vigorito) from the case.
f. Per Applicant/Plaintiff’s Partial Appeal dated September 14, 2007 Plaintiff opposed the
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OFUME FAMILY (Phillip Ofume, et al) V. CLERK-MAGISTRATE ET AL
unsolicited and unwritten decision/order of the Court tactically removing the lead or 1st Defendant (Sal & Nancy Vigorito) from the case. After over 36 unheeded telephone calls on April 18, 2008 official of the Clerk -Magistrate office returned one telephone call and the content of the call was information that the court has removed Sal & Nancy Vigorito from the case.
g. September 14, 2007, April 18, 2008, April 29, 2008, etc letters, motions, petitions and telephone calls were censored and unanswered. In part, Plaintiff’s Motions for Restraining Order and Partial Appealing (requesting return of Sal & Nancy Vigorito to Plaintiff’s Statement of Complaint) were filed and Sal & Nancy Vigorito were served by regular mail and Certified Mail with proof of receipt. Certificates of Service for all the defendants were filed. On April 29, 2008 with the exception of Sal & Nancy Vigorito, Counsels for other defendants attended the Motion Day.
h. After the Motion Day on April 29, 2008, The Presiding Honourable Judge and Clerk-Magistrate refused to send directions/order/decision on the above mentioned motions and partial appeal. The motions seek order of the court on defendants to connect heat/hot water and fix over 130 housing violation citations issued by the Massachusetts Inspectional Services of the Department of Health and Human Services dated June 26, 2007 and the approved representatives of the 2nd and 3rd Defendants (MBHP and DTA) against the three defendants and partial appeal which pleaded return of Sal & Nancy Vigorito to the case.
i. April 29, 2008 - present, Applicant/Plaintiff wrote letters and telephoned Clerk-Magistrate with request for directions/order/decision on the Motions and Partial Appeal. Applicant/Plaintiff attended two Lynn Sessions to request for directions/order/decision on the Motions and Partial Appeal without action taken to heed these requests.
2. FINDINGS OF FACT
a. Motion Day on April 29, 2008 Plaintiff submitted PARTIAL APPEAL DATED SEPTEMBER 14, 2007 AND TWO MOTIONS FOR RESTRAINING ORDER DATED APRIL 4, 2008
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OFUME FAMILY (Phillip Ofume, et al) V. CLERK-MAGISTRATE ET AL
AND NOVEMBER 13, 2007.
b. Two major housing violations citations issued against the 1st , 2nd and 3rd Defendants particularly in the name and title of Sal & Nancy Vigorito or in their own names and titles by the Government of Massachusetts or the Massachusetts Inspectional Services of the Department of Health and Human Services on first part and extensive housing violations citations issued by the approved representatives of the 2nd defendant. At this point, this Court lacks the jurisdiction to reverse these citations by granting 1st defendant (Sal & Nancy Vigorito) unsolicited amnesty which is tactical path to grant 2nd and 3rd defendants amnesties.
c. August 11, 2007 - April 18, 2008 the Plaintiffs have telephoned Clerk & Magistrate of The Northeast Housing Court over 36 times without return call and wrote several letters to the Clerk & Magistrate and Presiding Judge of the Northeast Housing Court without reply. All letters and submissions to The Northeast Housing Court, the Plaintiffs have politely solicited for reply or acknowledgment of receipt and reply to accompany directions/order/ decision but no acknowledgment was received from Clerk & Magistrate.
d. August 11, 2007 - present, lead defendant, Sal & Nancy Vigorito did not enter appearance, file defence and attend court proceedings. Lead defendant and other defendants have failed, neglected and refused to fix the majority of the housing deficiency citations issued on them. The Northeast Housing Court has assumed the position of the lead defendant, Sal & Nancy Vigorito to assist them in framing up an unsolicited motion to strikeout Sal & Nancy Vigorito from Applicant/Plaintiff’s Statement of Complaint without Sal & Nancy Vigorito acting by themselves in nature of preparing motion and appearing before the Court.
e. The business and purpose of the Court’s Notice to Appear for the hearing or first Motion Day on September 11, 2007 is limited to DETERMINATION REGARDING FEES AND COSTS. On before the first Motion Day on September 11, 2007 no application/motion was filed to demand removal of Sal & Nancy Vigorito and other defendants from this case but after the first Motion Day, there was rumor from people that desire to talk off record thus, condemning the court for secret agenda to remove lead or 1st Defendant (Sal & Nancy Vigorito) from the case.
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OFUME FAMILY (Phillip Ofume, et al) V. CLERK-MAGISTRATE ET AL
From time to time to present time, Applicant/Plaintiff found that the rumor is true and outrageous and terrible handcuff on justice and constitutional judiciary.
f. The oral suggestion by The Presiding Honourable Judge on September 11, 2007 (Lynn) to remove the 1st Defendant was swiftly appealed by Plaintiff’s NOTICE OF APPEAL (10 pages) dated September 14, 2007. After several petitions, letters, motions, telephone calls and publications, lately the Court allowed hearing on April 29, 2008. After over eight(8) months of censorship and forced hearing on April 29, 2008, to move this case forward the Applicant/ Plaintiff resumed its plea for issuance and release of Court’s direction/decision/order but all Applicant/ Plaintiff’s pleas have landed in deaf ears.
g. The bad association between the Court and the defendants continually downplayed outrageous housing violations against the Plaintiff by the 1st, 2nd, and 3rd defendants and if not the association between the defendants and the Court and referencing the laws of Massachusetts and America in general, ought to have stopped the defendants from continue receipt of rents in the name of the Plaintiff. Under the unfixed housing violation citations rents are supposed to be suspended pending fixing the citations.
3. ISSUES
a. Whether an outstanding Court of Jurisdiction has any legal and other powers to prepare oral or written motion and move same in favour of one of the disputing parties;
b. whether the Court has the power remove lead defendant and other parties without proper legislation in the circumstance;
c. whether the court and its officials have power to censor appeal, motions, decision, order and other proceeding which would unlock obstruction of justice;
d. whether parties that are in default after full service of process are not suppose to get disadvantage judgment in full.
4. STATEMENT OF ARGUMENT
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OFUME FAMILY (Phillip Ofume, et al) V. CLERK-MAGISTRATE ET AL
a. Applicant/Plaintiff’s Statement of Complaint, Motions, Letters, Petitions, Telephone calls and other submissions emerge with scores of remedies relating to efforts to request the Clerk & Magistrate and Presiding Judge of the Northeast Housing Court to issue directions/ decisions /orders on Partial Appeal to return lead defendant, Sal & Nancy Vigorito to Plaintiff’s Statement of Complaint and grant relief sought to request the defendants to fix over 120 terrible housing violations. Without directions/decisions/orders of the Clerk-Magistrate and The Presiding Judge, all the housing violations and other relief sought will not be fixed and released.
b. Order of the Supreme Judicial Court pursuant to M.G.L. c. 249, § 5 will move the Clerk & Magistrate and Presiding Judge of the Northeast Housing Court to judicial focus to issue decisions/order on Partial Appeal and other order on over 120 terrible housing violations.
c. Mandamus pursuant to M.G.L. c. 249, § 5) is lawful call to government official to perform a clear cut legal and lawful duty,” and very usually the remedy is limited to requiring action on the part of the government and its agencies. Doe v. District Attorney for the Plymouth Dist., 29 Mass. App. Ct. 671, 675 (1991); Lutheran Serv. Ass,n of New England, England, Inc. v. Metropolitan Dist. Comm’n, 397 Mass. 341, 344 (1986).
d. Mandamus action “is appropriate to compel a public official (Clerk & Magistrate, Presiding Judge of the Northeast Housing Court, etc ) to perform an act which the official has a legal duty to perform” but stay such performance. Under this condition of denial of relief in nature of directions/ decisions/order on Partial Appeal to return lead defendant, Sal & Nancy Vigorito to Plaintiff’s Statement of Complaint and grant relief sought to request the defendants to fix over 120 terrible housing violations, “relief in the nature of mandamus is an extraordinary remedy which will be granted only when there exists no other adequate and effective remedy.” L.GG. v. Department of Social Services, 429 Mass. 1008, 1008 (1999); Callahan v. Superior Court, 410 Mass. 1001(1991).
e. At this point under the operating jurisdiction and showcased on the long push to get directions/decision/order without success, the Applicant/Plaintiff is entitled to relief in the nature of mandamus by the Supreme Judicial Court because the Applicant/Plaintiff has no adequate and effective remedy, weighing the lengthy period, September 11, 2007 - present and the amount of
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OFUME FAMILY (Phillip Ofume, et al) V. CLERK-MAGISTRATE ET AL
time and effort spent on letters, petitions, motions, telephone calls and other action to request the Clerk & Magistrate and Presiding Judge to issue directions/decisions/order on Partial Appeal to return lead defendant, Sal & Nancy Vigorito to Plaintiff’s Statement of Complaint and decision on the relief sought to request the defendants to fix over 120 terrible housing violations.
THEREFORE, BASED ON THE FOREGOING THE APPLICANT/PLAINTIFF REQUEST THE SUPREME JUDICIAL COURT TO COMPEL THE CLERK-MAGISTRATE AND THE PRESIDING JUDGE OF THE NORTHEAST HOUSING COURT TO ISSUE DIRECTIONS/ DECISIONS/ORDER ON PLAINTIFF’S PARTIAL APPEAL AND DECISION ON RELIEF SOUGHT TO REQUEST THE DEFENDANTS TO FIX OVER 120 TERRIBLE HOUSING VIOLATIONS.
ISSUED at Lynn, Massachusetts, this 28th day of May, 2008
VERIFICATION
I, Phillip Ofume, hereby verify and signed, under the pain and penalty of perjury, under the laws of the United States of America, without the “United States”, that the above statement of facts and laws is true and correct, according to the best of My current information, knowledge, and belief, so help me God.
Issued/Dated: May 28, 2008 A.D.
Signed hereunder: Dr. Phillip Chukwuma Ofume
For the Applicant/Plaintiff or Ofume family
______________________
Phillip C. Ofume, Ph.D. – Representative/Advocate for the Plaintiff, Ofume Family
For: Dr. Phillip C. Ofume, and Mrs. Maureen N. Ofume
and seven children ,
33 Arlington Street, Suite 1
Lynn, Massachusetts 01902
E-mail: confid1by1@hotmail.com, global
aids_hivcureinteraction@yahoo.co.uk
Websites “ Dr. Phillip Ofume”
TO:
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OFUME FAMILY (Phillip Ofume, et al) V. CLERK-MAGISTRATE ET AL
The Clerk of Court
SUPREME JUDICIAL COURT
John Adams Courthouse,
Pemberton Square, Suite 2500
Boston, MA 02108
FURTHER COPIES TO:
The Clerk - Magistrate of Court Attn.: Ms. Susan M. Trippi
Northeast Housing Court
Fenton Judicial Center
2 Appleton Street
Lawrence, MA 01840
Presiding Honourable Justice - Lynn Sessions Sept. 11, 2007 and April 29, 2008
Northeast Housing Court
Fenton Judicial Center
2 Appleton Street
Lawrence, MA 01840
Mr. Edward B. McGrath
BURNS & FARREY
150 Federal Street
Boston, MA 02110
Sal & Nancy Vigorito
14 Nixon Lane
Stoneham, MA 02180
Mr. Michael Ciccolo - Assistant General Counsel
Department of Transitional Assistance
600 Washington Street
Boston, MA 02111
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