Suffolk County Court of Appeals continues to dog Derrick Gillenwater; nobody cares about his First Amendment or Fundamental Rights.

Case No. 2009-J-058. . So what all of this basically says is:

We don't care that the Single Justice didn't address your First Amendment Rights. You are stuck with it unless you appeal to the Supreme Judicial Court. See G. L. c. 231, § 114.

But that's not necessarily an accurate assessment of the law goddammit:

The defendant in Duong presented the issue of a stay pending appeal to three separate judges before he got the full bench of the Supreme Judicial Court to consider the issue. He could have taken up more judicial resources if he had wanted to take the time, since the ordinary course of review of a decision by a single justice of the Appeals Court is to a full panel of that court, with the opportunity to seek further review in the Supreme Judicial Court.

Entry Date Paper Entry Text

02/02/2009 #1 MOTION to waive entry fee, filed by Derrick Gillenwater.

02/02/2009 RE#1: The motion is allowed and the petition is entered this date.

02/02/2009 #2 PETITION purs to GLc 231, s. 118 w/attach, filed by Derrick Gillenwater.

02/04/2009 RE#2 The requested relief is denied, except that the matter is remanded to the trial court for further action on plaintiff's motion for permission to file motion for summary judgment and to compel, consistent with the trial court's order of 10/23/08. (Duffly, J.) *Notice/Attest/Giles, J..

02/13/2009 #3 Motion to full appellate panel of plaintiff Gillenwater to have the court restore his first amendment rights and to grant him permission to file his motion to compel and his motion for summary judgment filed by Derrick Gillenwater.

02/13/2009 #4 In forma pauperis motion on interlocutory appeal of plaintiff Gillenwater to have the court restore his first amendment rights and to grant him permission to file his motion to compel and his motion for summary judgment filed by Derrick Gillenwater.

03/05/2009 RE#4: No action necessary. *Notice.

03/05/2009 #5 ORDER: "...(Paper #3)...treated as a notice of appeal from...order of Duffly, J...the notice of appeal...is struck, there being no right of appeal from the order of...February 4, 2009..." (Kantrowitz, J.) *Notice/Image.