G. SAIF SABREE [Note 1] vs. COMMONWEALTH.

The petitioner, G. Saif Sabree, appeals from a judgmentof a single justice of this court denying, without a hearing, his petition for relief under G. L. c. 211, § 3, which sought an order compelling the Superior court to act on a motion for a new trial that he alleges he filed with that court. [Note 2] We affirm.

We have repeatedly held that relief under G. L. c. 211, § 3, is properly denied where there are other routes by which the petitioning party may adequately seek relief. See, e.g., Matthews v. D'Arcy, 425 Mass. 1021, 1022,

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(1997); Greco v. Plymouth Sav. Bank, 423 Mass. 1019, 1019 (1996). We have also held that it is the petitioner's burden to create a record -- not merely to allege but to demonstrate by providing a copy of the lower court docket and any relevant pleadings -- to substantiate his allegations. See, e.g., Lantsman v. Lantsman, 429 Mass. 1018, 1019 (1999); Gorod v. Tabachnick, 428 Mass. 1001, 1001, cert. denied, 525 U.S. 1003 (1998). The petitioner did not create such a record, and so the single justice correctly denied his petition. Notably absent was a copy of the lower court docket or anything else indicating that the petitioner had ever filed a third motion for a new trial with the Superior Court. The Commonwealth has provided us with a copy of the lower court docket; it does not reflect the filing of such a motion. [Note 3]