No. 23-5600

Richard D. Bostwick v. Massachusetts Executive Office of Health and Human Services, et al.

Lower Court: Massachusetts
Docketed: 2023-09-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals bankruptcy bankruptcy-stay civil-procedure discretion due-process judicial-discretion motion-to-vacate standing time-limitation
Key Terms:
AdministrativeLaw DueProcess JusticiabilityDoctri
Latest Conference: 2023-11-09
Question Presented (AI Summary)

Whether Bostwick's Appeal was NOT Reviewed by the Lower Courts (Appeals Case No. 21-P-721) given Bostwick's Notice of Appeal

Question Presented (OCR Extract)

QUESTIONS PRESENTED , Please note that Four Conflicts of Judicial Decisions are presented in this Petition. : Question #1: 1. Whether Bostwick’s Appeal was NOT Reviewed by the Lower Courts (Appeals Case No. 21-P-721) given Bostwick’s Notice of Appeal. The following was Appealed in ; Bostwick’s Notice of Appeal for Bostwick v. Department of Health (DPH), Sims, Classic (Case No.: 1081CV01775): : “1.2 All Matters, in Civil Action No. 1081CV01775, falling within the . Judgment, numerous Orders, Final Judgment, etc. and the 10 Day Post-Final Judgment Motion concerning the Classic Automatic Stay are Appealed from in all . respects...3.2 The...”All (Docket Date: 03/02/2011): Motion to Dismiss Allowed: (Sims File Ref Nbr.: 11); (Docket Date: 03/02/2011): Motion to Dismiss Allowed: (DPH File Ref Nbr.: 12); : (Docket Date: 03/02/2011): Motion to Dismiss Allowed: (Classic File Ref Nbr.: 13); oo, (Docket Date: 03/02/2011): Denied: Bostwick’s Supplemental Documents (File ; Ref Nbr.: 15); ; (Docket Date: 03/02/2011, File Ref Nbr.: 16): Memorandum of Decision and Order on the Defendant’s Motions to Dismiss; . (Docket Date: 03/02/2011, File Ref Nbr.: 17): Declaratory Judgment, That the Complaint of the plaintiff be and hereby is dismissed; : (Docket Date: 03/14/2021): Denied: Bostwick’s Motion about Classic’s . Bankruptcy and the Automatic Stay (File Ref Nbr. 18) is Denied; (Docket Date: 05/06/2021): Denied: Bostwick’s Motion to Vacate the 02 March 2011 Judgment under Mass.R.Civ.P. Rule 59(e) given Title 11 section . 108(c)(2)...(File Ref. Nbr. 21) is Denied.” . The 12 January 2023 Appeals Court Decision (Case No. 21-P-721) stated that Bostwick only appealed the 05 May 2021 (see above (Docket Date: 05/06/2021)), Judge Haggan Order. The Appeals Court Statement is False. Consequently, Bostwick’s Appeal was "NOT Reviewed by the Lower Courts. (Case No. 21-P-721) "The Appeals Court Decision (Case No. 21-P-721), which only concerns Docket Date: 05/06/2021, ONLY stated that Bostwick’s 30 April 2021 Motion (see above (Docket | @ cS Bostwick Date: 05/06/2021)) under Title 11 § 108(c)(2), Extension of Time and also under . Mass.R.Civ.P. Rule 59(e), Rule 15, Rule 52(b), Rule 60(b)(4), Rule 60(b)(5) and Rule 60(b)(6) was UNTIMELY. Bostwick’s 30 April 2021 Motion was NOT Untimely. As , explained in this Petition, Bostwick’s Motion was Timely given Title 11 § 108(c)(2); | Extension of Time, and the Stays against Bostwick; namely, (a) Classic Chapter 7 Bankruptcy (Case No.: 11-10574-JNF) Automatic Stay, (b) Judge Feeney Title 11 § 105, , STAY ORDER; namely, Title 11 § 362(a)(1) Stay with additional Terms and Conditions against Bostwick (Case No.: 11-10574-JNF) and (c} Superior Court Classic Stay by ; Judge Henry (Bostwick v. Clasic, Case No.: 0881CV01465) and the Notice of Bankruptcy Case Closure to Bostwick. “Title 11 § 108(c)...continuing a civil action in a court other than a Bankruptcy Court on a claim against the Debtor (Classic)... and such period has not expired so before the date of the filing of the petition, then such period does not expire until ; the later of... (2) 30 days after NOTICE of the termination or expiration of the stay under section 362...of this title.” : Bostwick’s 30 April 2021 Motion was Timely under Mass.R.Civ.P. Rule 60(b)(4) as . explained in this Petition and Bostwick’s 30 April 2021 Motion was Timely under Mass.R.Civ.P. Rule 60(b)(4) given that the 02 March 2011, Judge Wilkins, DPH Judgment, is Void (Mass.R.Civ.P. Rule 60(b)(4)) given all of the Due Process Violations (U.S. Constitution, Amendment XIV) leading to the Judge Wilkins, DPH Judgment. Bostwick’s 30 April 2021, Mass.R.Civ.P. ‘Rule 60(b)(4), Motion was timely because there is no Time Limit to Void the Judgment because "a Void judgment | can never acquire validity through laches." See Crosby v. Bradstreet Co. (1963) | CA2 NY) 312 F2d cert den 373 US 911, 10 L. Ed 2d 412, 83 S Ct 1300 where a Court vacated a judgment as void 30 years after entry. See also Marquette

Docket Entries

2023-11-13
Petition DENIED.
2023-11-06
Waiver of right of respondent Leonard J. Sims a/k/a Leonard Joseph Sims, Leonard J. Sims Co., General Contractors and Leonard J. Sims Custom Carpentry to respond filed.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-09-29
Waiver of right of respondents MA Executive Office of Health & Human Services; and MA Department of Public Health to respond filed.
2023-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2023)
2023-07-11
Application (23A11) granted by Justice Jackson extending the time to file until September 9, 2023.
2023-06-30
Application (23A11) to extend the time to file a petition for a writ of certiorari from July 11, 2023 to September 9, 2023, submitted to Justice Jackson.

Attorneys

Leonard J. Sims a/k/a Leonard Joseph Sims, Leonard J. Sims Co., General Contractors and Leonard J. Sims Custom Carpentry
Matthew LysiakMcDonough Hacking & Laudie, LLC, Respondent
Matthew LysiakMcDonough Hacking & Laudie, LLC, Respondent
MA Executive Office of Health & Human Services; and MA Department of Public Health
Carlos E. CousinsCommonwealth of Mass Office of the Atty. General, Respondent
Carlos E. CousinsCommonwealth of Mass Office of the Atty. General, Respondent
Richard D. Bostwick
Richard D. Bostwick — Petitioner
Richard D. Bostwick — Petitioner