Mutty v. Department of Corrections
Annotate this CasePetitioner filed a petition in the superior court challenging a disciplinary decision by the Department of Corrections. The superior court dismissed the petition, concluding that Petitioner failed to state a claim where the court could not “determine its jurisdiction in the absence of its determination of the date of the final agency action.” Petitioner later filed a motion pursuant to Me. R. Civ. P. 60(b) to set aside the order dismissing his petition. The superior court denied the Rule 60(b) motion. The Supreme Judicial Court vacated the judgment, holding that the superior court erred in dismissing the petition for lack of jurisdiction because the court improperly required that the petition include content not statutorily required and presumed a lack of jurisdiction without a basis to do so. Remanded.
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