Matthews v. Superintendent, Massachusetts Correctional Institution, Cedar Junction

The petitioners appeal from the denial of their petition pursuant to G. L. c. 211, § 3, by a single justice of this court. We affirm.

The petitioners sought an order compelling the Superior Court to resolve a pending motion for a preliminary injunction in an underlying declaratory judgment action. They claimed that, despite repeated requests, the court had failed to rule on the motion for over three years.3

The case was submitted on briefs. Lloyd Matthews, pro se. David J. Rentsch for the defendants.

As we have stated repeatedly, it is the petitioners’ obligation to “create a record — not merely…