Collins v. Dep’t of Corr.
Annotate this CaseKevin Collins, a prison inmate, filed three grievances against the Department of Corrections relating to food services and the prison’s telephone system. The Department denied the grievances. Collins subsequently filed a petition for judicial review of a final agency action. The trial court ultimately dismissed Collins’s petition as untimely. Collins filed a notice of appeal accompanied by an application to proceed without payment of fees, thus requiring Collins to file a certified copy of his account statement for the six months preceding his appeal. Collins did not file his account statement in a timely manner. The trial court waived the appellate filing fee. The Department appealed from the order waiving the filing fee and filed a motion to dismiss Collins’s appeal for failure to file a new account statement for the six months preceding this appeal, arguing that Collins had failed to perfect his appeal. The Supreme Judicial Court (1) dismissed Collins’s appeal on the grounds that Collins failed to comply with the timing requirements of the Maine Rules of Appellate Procedure and had failed to perfect his appeal; and (2) dismissed as moot the Department’s appeal from the order waiving Collins’s appellate filing fee.
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