Spencer v. Beacon Hill Hotel
Court: Massachusetts Supreme Judicial Court; March 23, 2007; Massachusetts; State Supreme Court
Barry H. Spencer, Jr. appealed a judgment from a single justice denying his petition for relief under G. L. c. 211.3. The court affirmed the judgment. While incarcerated on criminal charges, Spencer initiated a civil action against the Beacon Hill Hotel and requested to waive the filing fee to proceed in forma pauperis. A judge reviewed his affidavit of indigency and mandated a reduced fee of fifty dollars, which Spencer failed to pay by the deadline, resulting in the dismissal of his case. After unsuccessfully seeking relief from that judgment, Spencer requested permission from a single justice of the Appeals Court to file a late notice of appeal regarding the fee waiver denial and the case dismissal, both of which were denied. Spencer then filed a petition in the county court, treated as a G. L. c. 211.3 petition, to vacate the dismissal of his Superior Court action, but this was also denied without a hearing. The court addressed Spencer's "memorandum of law" as submitted under S.J.C. Rule 2:21, clarifying that this rule did not strictly apply since he was not contesting an interlocutory ruling due to the dismissal of his case. Ultimately, the court found that Spencer did not demonstrate a lack of adequate alternatives for relief under G. L. c. 211.3, citing relevant case law. The Appeals Court single justice noted that she lacked the authority to override the statutory seven-day appeal requirement for fee waiver denials or to vacate the dismissal of Spencer's complaint.