David G. Fleming v. Department of Corrections

[¶ 1] David G. Fleming, a prisoner at the Maine State Prison, appeals from a judgment entered in the Superior Court (Knox County, Hjelm, J.) dismissing without prejudice Fleming’s complaint seeking review of a decision of the Department of Corrections because Fleming failed to file proof of service of his petition for review of agency action. See 5 M.R.S. § 11003 (2013). We affirm the judgment.

I. BACKGROUND

[¶ 2] In May 2013, Fleming filed a complaint in the Superior Court petitioning for review of a decision by the Department of Corrections not to return items to him that he claims were…