DANIEL E. MUTTY
DEPARTMENT OF CORRECTIONS
Submitted On Briefs: October 13, 2016
E. Mutty, appellant pro se
Department of Corrections did not file a brief
ALEXANDER, MEAD, GORMAN, JABAR, and HUMPHREY, JJ.
This appeal concerns whether a petition to review a
disciplinary decision by the Department of Corrections was
timely filed and whether the court properly dismissed the
petition for lack of jurisdiction.
Daniel E. Mutty appeals from a judgment of the Superior Court
(Kennebec County, Marden, J.) dismissing his Rule
80C petition for failure to state a claim and an order
(Murphy, J.) denying his motion to set aside the
judgment pursuant to M.R. Civ. P 60(b). We conclude that the
court erred in dismissing the petition and vacate the
On July 21, 2015, Daniel E. Mutty filed a petition in the
Superior Court challenging a disciplinary decision by the
Department of Corrections that resulted in a deprivation of
good-time credit and the imposition of monetary sanctions. At
the same time, Mutty moved to proceed without payment of the
filing fee and service costs and submitted supporting
On September 10, 2015, the court (Marden, J.) issued
a written order that stated:
Petitioner fails to state a claim on which relief can be
granted. The court cannot determine its jurisdiction in the
absence of its determination of the date of the final agency
action. This matter will be dismissed unless the petition is
amended within 15 days of receipt of this order.
petition was dismissed on October 21, 2015. The docket entry
stated "Case dismissed per 9/10/15 Order."
In a letter dated the same day as the dismissal, the clerk
informed Mutty that correspondence he had attempted to submit
to the court had been rejected as an ex parte communication
and would not be accepted until he complied with the
applicable civil rules. According to Mutty, the clerk
enclosed with the letter an amended petition that he had
mailed on September 17, 2015, in an attempt to comply with
the courts September 10 order.
On November 4, 2015, Mutty attempted to file a notice of
appeal and an amended petition that alleged a final agency
action date: July 20, 2015. Mutty also attempted to file a
motion to reconsider. The notice of appeal and motion to
reconsider were rejected on November 21, 2015, for Muttys
failure to include a filing fee or an application to waive
the fee. On December 2, 2015, Mutty filed a motion pursuant
to M.R. Civ. P. 60(b) to set aside the order dismissing his
petition, together with a motion to ...