Richard Glawson (petitioner) purports to appeal under S.J.C. Rule 2:21, 421 Mass. 1303 (1995), from the action of a single justice of this court on the petitioner's request for a writ of mandamus. The single justice ordered that the matter he transferred to the Superior Court Department of the Trial Court for the county of Norfolk for disposition.

Rule 2:21 is applicable when a single justice denies relief from a challenged interlocutory ruling in the trial court and does not report that denial to the full court. The petitioner has not identified any interlocutory trial court ruling which he challenges.

Moreover, we consider the single justice's order transferring the petition to the Superior Court as not immediately appealable because it contemplates further action determining the fights of the parties.

Appeal dismissed.

The case was submitted on the papers filed, accompanied by a memorandum of law.

Richard Glawson, pro se.

Joseph T Thai, Assistant Attorney General, for the Commissioner of Correction.

Ameer A. Khaafid (petitioner) purports to appeal under S.J.C. Rule 2:21, 421 Mass. 1303 (1995), from the denial of relief by a single justice of this court. Rule 2:21 (2) requires that the record appendix, accompanied by a memorandum, be filed in the office of the Clerk of the Supreme Judicial Court for the Commonwealth within fourteen days of the filing of the notice of appeal. The petitioner filed his notice of appeal on October 4, 1999, and filed his record appendix and memorandum on December 3, 1999 [Note 1]. Hence, we dismiss the appeal. Moreover, if we were to give the appeal further consideration, we note that we would affirm the judgment of the single justice because the petitioner has not met the requirement of rule 2:21 (2) that he "set forth the reasons why review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means."

Appeal dismissed.

Page 1009

The case was submitted on the papers filed, accompanied by a memorandum of law.

Ameer A. Khaafid, pro se.