Martineau v. Department of Correction

The petitioner, a Massachusetts inmate, is the plaintiff in an underlying action in the Superior Court. In March, 1993, he filed a motion for summaiy judgment in that action, but the court did not act on his motion. He then filed several other motions seeking to elicit a ruling on his summaiy judgment motion. Those motions, however, were denied.

In August, 1995, the petitioner filed a petition in the county court pursuant to G. L. c. 211, § 3 (1994 ed.), requesting an order compelling the Superior Court to act on his summary judgment motion. A single justice denied the petition without a…