Mutty v. Department of Corrections

[¶ 1] 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.

[¶ 2] 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 judgment.

I. BACKGROUND1

[If 3] On July 21, 2015,…