Fleming v. Dep’t of Corr.Annotate this Case
David Fleming, a prisoner at the Maine State Prison, filed a complaint seeking review of a decision of the Department of Corrections not to return items to him that he claimed were stolen from him. Because Fleming did not file any proof of service demonstrating compliance with 5 Me. Rev. Stat. 11003, the superior court dismissed Fleming’s complaint with prejudice. The Supreme Court affirmed, holding that the superior court did not abuse its discretion in dismissing the matter after Fleming failed to file proof of service during the time available to him after his initial filing of a complaint.