COMMONWEALTH OF MASSACHUSETTS
SUPREME JUDICIAL COURT
CIVIL ACTION SJC. NO.
____________________________________________________________________
PHILLIP OFUME
Petitioner/Defendant (Pro se & Forma Pauperis)
v.
THE CLERK/MAGISTRATE OF THE COURTS AND HOUSING SPECIALISTS (Massachusetts Southeastern Housing Court, Brockton Session)
Respondents
________________________________________________________________________
LEAD CASE:
PHILLIP OFUME
Appellant/Defendant (Pro se & Forma Pauperis)
v.
RST INVESTMENT GROUP, INC. and LANDLORD CONNECTION
Appellees/Plaintiffs
LOWER COURT CIVIL ACTION DOCKET NO. 12H83SP00493BR
LOWER COURT CIVIL ACTION DOCKET NO. 11H83CV00790BR (Appellant's
OFUME V. CLERK/ MAGISTRATE
CounterClaim)
LOWER COURT CIVIL ACTION DOCKET NO. PLCV2011-01539-B (Appellant's CounterClaim)
_____________________________________________________________________________
Verified Petition for A Writ of Mandamus Relief under the Massachusetts General Law chapter 249, § 5 and Fed. R. App. P. 21 on The Clerk of Courts and Magistrate and Housing Specialists all of the, Massachusetts Southeastern Housing Court, Brockton Session.
_____________________________________________________________________________
Procedural History/Structure/Action
Before: The Presiding Honourable Associate Justice Willbur P. Edwards
A. Parties and Certificate of Interest and Interested Persons:
1. The undersigned representative, Dr. Phillip C. Ofume issues this Certificate and certifies that the following listed persons have an interest in the outcome of this case and their actions in this case are apportioned accordingly as stated below. These representations are made in order that the Judges of this Court may evaluate possible recusal and request the Respondents to transmit all records of proceedings below including tapes and transcripts October 2011 through June 2, 2012 to the Massachusetts Appeals Court.
2. PHILLIP OFUME (Appellant/Defendant - Pro se & Forma Pauperis) is the Petitioner.
3. Clerk of Courts and Magistrate and Housing Specialists are Respondents and officials of the Southeastern Housing Court, of the County of Plymouth Trial Courts.
4. RST INVESTMENT GROUP, INC. & LANDLORD CONNECTION are Appellees/Plaintiffs/Landlords
5. The Honorable WILLBUR P. EDWARDS, is an Associate Judge of the Southeastern Housing Court,
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OFUME V. CLERK/ MAGISTRATE
Brockton Session for the County of Plymouth of the States of Massachusetts is the trial judge and the judge against whom the Petition for a Writ of Mandamus is directed.
6. The Honorable WILLBUR P. EDWARDS, Associate Judge of the Southeastern Housing Court, Brockton Session for the County of Plymouth of the States of Massachusetts conducted preliminary and conclusion proceedings in this case which led to realization of EXHIBIT A with 15 paragraphs. Between March 7, 2012 - June 29, 2012 Plaintiffs/Landlords/Appellees breached all the 15 paragraphs of EXHIBIT A. Petitioner's NOTICE OF APPEAL is about breach of EXHIBIT A and enable Appeals Court terminate EXHIBIT A because of random violations. Because of loss of judicial trust and credibility in the Southeastern Housing Court, Brockton, MA this Court to order all proceedings sanctioned by EXHIBIT A and Petitioner's and family's CounterClaims to continue in the Massachusetts Appeals Court and Suffolk County Superior Court, Boston Session because Petitioner and his family now reside in Suffolk County and because their FORMA PAUPERIS conditions will impede their efforts to pursue these cases in distance court.
7. With self claimed power, the Clerk of Courts and Magistrate and Housing Specialists saw non-fault NOTICE OF APPEAL of Petitioner, as usual they refused, neglected and failed to file the appeal for onward transmission to the MASSACHUSETTS APPEALS COURT pursuant to Massachusetts Rules of Appellate Procedure, Rules 3 & 4. October 2011 through June 6, 2012 the Respondents have been resistance and rejected several court brief which Petitioner desires to file with the Court below or petitioned.
B. PURPOSE AND REMEDY OF A WRIT OF MANDAMUS IS REQUIRED IN THIS CASE.
8. Petitioner, Dr. Phillip Chukwuma Ofume pursuant to Fed. R. App. P. 21, applies to this Court for a Writ of Mandamus directing the Respondents to immediately transmit Petitioner's NOTICE OF APPEAL and RECORD OF PROCEEDINGS below to Mass Appeals Court. Petitioner attempted to allow further return of the package of the NOTICE OF APPEAL to the Respondents to correct their ignorance, but each time and continually they effectively refused to accept Petitioner's NOTICE OF APPEAL and that they would take no action to transmit the documents to the Mass Appeals Court.
9. Based on expanded hate, racial discrimination, bribery and corruption in the Southeastern Housing Court Brockton, MA it is clear and highly indisputable in this Supreme Judicial Court that in the Southeastern Housing Court, Brockton, MA where the Respondent, Judges and Staff are in support of the rich plaintiffs/landlords/appellees are closely united against the Petitioner and his family and court where several shameful extra-judicial processes and proceedings have taken place will not allow appeal to move forward to enable court above use just rule to realize justice in the interest of the petitioner
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OFUME V. CLERK/ MAGISTRATE
and public.
10. EXHIBIT A is in 15 paragraphs and Appellees/Landlords/Plaintiffs have breached all the paragraphs of EXHIBIT A therefore the purpose of EXHIBIT A is defeated and must be terminated and fully annulled and the damage caused by these violation is irreparable to the extent that Petitioner and his family now live in the Church and children may loss their school jurisdiction and parents and their children have suffered unspeakable pains and suffering due to failure of justice below occasioned by the action of the respondents/landlords.
10. Indisputably, a person is entitled to a writ of mandamus when he can show he lacks alternative means to obtain relief and that he has a clear and indisputable right to the writ. See In Re American Airlines, Inc., 972 F.2d 605, cert. denied sub. nom., Northwest Airlines Inc. v. American Airlines, 113 S.Ct. 1262 (1993). In this case, presiding Judge is very smart/talented but the Respondents placed a high wall between parties and the Judge and impede the work of the Judge. Please see also Weber v. U.S. Dist Court for C.D. of Calif., 9 F.3d 76, 78 (9th Cir. 1993) (in this case Mandamus is appropriate where court lacked authority under process distraction, censorship and obstruction and fear to reprimand unruling staffs).
C. STATEMENT OF MAJOR FACT
Nature of Process and Proceeding Petitioned:
11. LOWER COURT CIVIL ACTION DOCKET NO. 12H83SP00493BR . Paragraphs 2 to 38 of the Petitioner's NOTICE OF APPEAL show that the Appellees/landlords arm twisted Petitioner and his family and dumped them in inhabitable apartment (506Warren Ave #2 Brockton, MA 02301) different from the apartment (96 Walnut Street, Brockton, MA 02301) which they negotiated and paid for and date (8/16/2011) set for move in. When the conditions (100% mold infected, no heat, damaged doors, windows, sockets, thermostat, etc), insects and bugs invaded, etc.
12. Petitioner and his family wrote several letters to the landlords to request them to fix the multiple defects in the imposed or force to occupy apartment but all the letters were ignored. Petitioner filed Complaint with the BOARD OF HEALTH.
13. Without rent owing, in retaliation, effective November 2011 the landlords/Appellees filed two politically generated Court Eviction Complaints and falsely claiming fictitious rents as plot to render Petitioner and his family the 9th homeless since August 19, 2009.
14. The two Court Eviction Complaints were dismissed because the payment receipts of the Petitioners/Tenant /Defendant and his family show in his Opposition to the Landlords' Eviction
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OFUME V. CLERK/ MAGISTRATE
Complaints that they are not owing the Plaintiffs/Landlords/ Respondents and the Landlords were not reprimanded and sanctioned by the Judge for lying reliant up on Petitioner's Motion.
15. After the dismissal of the two Court Eviction Complaints of the Landlords, the LOWER COURT CIVIL ACTION DOCKET NO. 11H83CV00790BR ; Petitioner and his family filed counter-claim ( LOWER COURT CIVIL ACTION DOCKET NO. 11H83CV00790BR ); and because the housing court lacks jurisdiction to entertain the volume of the intended claim, Petitioner/Appellant and his family filed Supplemental CounterClaim ( LOWER COURT CIVIL ACTION DOCKET NO. PLCV2011-01539-B -The Plymouth County Superior Department).
16. The Counter-Claims mentioned above forced the Plaintiffs/Landlords/Respondents to call for mediation and thereafter EXHIBIT A which is SUMMARY PROCESS FOR JUDGMENT AGREEMENT with 15 paragraphs was signed and issued but March 7, 2012 through present time , the Plaintiffs/Landlords/Respondents violated all the 15 paragraphs and Petitioners/Tenant /Defendant filed Complaints based on each breach and the Clerk/Magistrate made serial appeal impossible by refusing to prepare and issue written decision/order based on the oral Orders of the Judge to enable Petitioner file appeal.
17. Petitioner and his household suffered extensively as result of Plaintiffs/Landlords/ Respondents flagrant violation of EXHIBIT A and this Petition is made because after Petitioner and his family vacated the disputed apartment based on the new date issued by the Plymouth County Sheriff, Plaintiffs/Landlords /Respondents carried out erratic revolutionary action in serious violation of EXHIBIT A particularly paragraph 11 when the landlords/appellees/plaintiffs forged several documentary allegations and break into Petitioners/Tenant /Defendant's and his family's APPLICATION FOR EMERGENCY HOUSING ASSISTANCE (EA) FAIR HEARING and they were allowed to falsely testify for several minutes against the Petitioner and his family before THE MASSACHUSETTS DEPARMENT OF HOUSING AND COMMUNITY DEVELOPMENT (DHCD).
18. EA was filed because in breach of para 11 of EXHIBIT A the Plaintiffs have issued and posted bad references on the Massachusetts landlords Association forum and no landlord agreed to rent apartment to Petitioners/Tenant /Defendant and his family. See pages 2 to 38 of the NOTICE OF APPEAL (attached) which as usual the Clerk of Courts and Magistrate and Housing Specialists refused to accept and file and prepare record of proceedings and transmit it to the Massachusetts Appeals Court to the other extent that they refused to present the NOTICE OF APPEAL to the Presiding Hon. Justice and Court Administrator.
19. Opposition of the Petitioner relating to the cruelty and mistreatment of the Petitioner and his
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OFUME V. CLERK/ MAGISTRATE
family was made pursuant to G.L. CHAPTER 23B, SECTION 30; M.G.L. CHAPTER 186 SEC. 18; M.G.L. CHAPTER 111; COMMONWEALTH OF MASSACHUSETTS SANITARY, CODE CHAPTER 11; MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION; 105 CMR 410.000; M.G.L. CHAPTER 239, SEC. 8A; 5th and 14th Amendments of the Constitution of the United States and also vested in Bill of Rights; Tenancy with a Lease; on October 27, 2011 no rent was owing when Landlords rushed to Court to start filing Court Eviction NOTICE TO QUIT and other preliminary steps under TENANCY WITH A LEASE were not followed to present good case; after the landlords received first/last months, August 2011, September 2011, and October 2011 rents, they rushed to Court to file NOTICE OF EVICTION without prior Notice to Quit under this type of Lease. EXHIBIT A March 7, 2012 Summary Judgment Agreement totally violated; failure or dismissal of the two frivolous and falsified eviction Complaints filed by the appellees and docketed as CIVIL ACTION DOCKET NO. 12H83SP00493BR must be referenced. Petitioner/Appellant and his family respected EXHIBIT A and vacated disputed apartment and the Plymouth County Sheriff extended the date for the Appellant and his family to vacate the apartment to June 12, 2012.
D. CONCLUSION/RELIEF
Based upon the foregoing, Petitioner, Dr. Phillip C. Ofume respectfully requests this Court to issue a Writ of Mandamus alone or in the alternative to direct the Honorable Judge Willbur P. Edwards to issue Order on the Respondent, Clerk/Magistrate and Housing Specialists and other staff to assemble all records of proceedings including Petitioner's NOTICE OF APPEAL and tapes/transcripts and forward them to the Massachusetts Appeals Court.
Respectfully submitted,
_______________________
Phillip C. Ofume, Ph.D.
P. O. Box 2416
Lynn, MA 01903
DATED: July 4, 2012.
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OFUME V. CLERK/MAGISTRATE ET AL
CERTIFICATE OF SERVICE
I, Dr. Phillip C. Ofume, one of the Appellants/Plaintiffs in this case PETITION FOR A WRIT OF MANDAMUS hereby certify that I have served the foregoing, Notice of Appeal upon all parties and their agents, representatives and attorneys, by electronic mail, hand delivery and first class U. S. Postal Service at:
C/o Mr. Troy Lewis
RST Investment Group & Landlord Connection
561 Main Street
Brockton, MA 02301
Clerk/Magistrate and Housing Specialist
SOUTHEASTERN HOUSING COURT
215 Main Street Suite 169
Brockton, MA 02301
_____________________
Phillip C. Ofume, Ph.D.
P. O. Box 2416
Lynn, MA 01903
Date: 7/9/2012
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