SKANDHA v. SANTOS (2020)

MEMORANDUM AND ORDER PURSUANT TO RULE 1:28

The plaintiff, Bodhisattva Skandha, is an inmate currently incarcerated at the Massachusetts Correctional Institution at Norfolk (MCI-Norfolk). He appeals from an order denying him leave to file a complaint in the Superior Court. We affirm.

The plaintiff brought this action against Denise Santos, an employee in the Department of Correction's human resources division alleging, among other things, that Santos breached her fiduciary duties and caused him harm by denying a public records request that he submitted in June 2019. The plaintiff is subject to an order in the Superior Court for Suffolk County requiring prior judicial review of any complaint before acceptance for filing. See Skandha v. Clerk of the Superior Court for Civil Business in Suffolk County, 472 Mass. 1017, 1019 (2015). The regional administrative justice conducted this review and denied the plaintiff leave to file his complaint on the grounds that the plaintiff had failed to exhaust his administrative remedies.

The judge did not abuse his discretion or commit legal error in screening out the plaintiff's complaint. The complaint fails to allege that the plaintiff pursued his administrative remedies and also fails to explain how Santos's fiduciary duties arose or to identify those to whom they are owed. Nor does the plaintiff allege facts to support his claim against Santos in her individual capacity. Accordingly, the order denying leave to file the complaint at issue is affirmed.

So ordered.

Affirmed.