Steve Anctil v. Department of Corrections — 2019 ME 144

MAINE SUPREME JUDICIAL COURT 	Reporter of Decisions
Decision: 	2019 ME 144
Docket: 	Kno-19-88
Submitted
On Briefs: September 10, 2019
Decided: 	September 17, 2019
Panel: 	SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM JJ.
STEVE ANCTIL
v.
DEPARTMENT OF CORRECTIONS
PER CURIAM
[¶1] 	Steve 	Anctil 	appeals 	from 	an 	order 	of 	the 	Superior 	Court
(Knox County, Mallonee, J.) finding that his M.R. Civ. P. 80C petition for review
of a disciplinary action taken against him by the Department of Corrections
(DOC) was not brought in good faith and was frivolous. Based on that finding,
the court denied Anctil’s application to proceed without prepaying the filing fee
and ordered that his petition be dismissed without prejudice unless he paid the
fee within seven days of the order. 	See 4 M.R.S. § 1058(1)-(2) (2018);
M.R. Civ. P. 91(b).
[¶2] Anctil’s petition, which we must examine in the light most favorable
to him, Fleming v. Dep’t of Corr., 2006 ME 23, ¶ 1, 892 A.2d 1161, makes out a
colorable claim for relief in alleging that the DOC failed to conduct a proper

2
disciplinary hearing, made arbitrary findings unsupported by the record before
punishing him, and violated his constitutional and statutory rights in doing so,
see 5 M.R.S. § 11007(4)(C) (2018). 	Accordingly, “we cannot construe the
complaint as frivolous as a matter of law,” and, because Anctil “appears
otherwise qualified as indigent for purposes of waiving the filing fee,” we must
vacate the order. Fleming, 2006 ME 23, ¶¶ 1-2, 892 A.2d 1161.
The entry is:
Order 	denying 	leave 	to 	proceed 	in 	forma
pauperis vacated. 	Remanded with instructions
to 	approve 	Anctil’s 	application 	for 	leave 	to
proceed without payment of fees or costs.
Steve Anctil, appellant pro se
Knox County Superior Court docket number AP-2019-2
FOR CLERK REFERENCE ONLY