# JOLLY

> District Court, D. Maine · March 12, 2026

URL: https://www.frixlaw.com/law-library/cases/11274994

## Case

- **Full name:** Maketa S. Jolly v. Jennifer B. Colin and Vermont Office of Professional Regulation
- **Court:** District Court, D. Maine
- **Decided:** March 12, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

MAKETA S. JOLLY, )
)
Plaintiff, )
)
v. ) 2:26-cv-00030-JAW
)
JENNIFER B. COLIN and )
VERMONT OFFICE OF )
PROFESSIONAL REGULATION, )
)
Defendants. )

ORDER AFFIRMING RECOMMENDED DISMISSAL AND DENYING
MOTION TO REASSIGN MAGISTRATE JUDGE
On January 16, 2026, Jane Doe, also known as Maketa S. Jolly, filed a
complaint in this Court against Jennifer B. Colin and the Vermont Office of
Professional Regulation, alleging that they engaged in a conspiracy to commit an
offense against the United States. Compl. (ECF No. 1). On January 20, 2026, the
Magistrate Judge denied Dr. Jolly’s motion to seal and to proceed under a pseudonym.
Order (ECF No. 5). On January 21, 2026, the Magistrate Judge recommended
dismissal of her complaint. Recommended Decision (ECF No. 6). On March 2, 2026,
Dr. Jolly filed a motion for recusal or reassignment of the Magistrate Judge and a
memorandum of law in support of her due process, liberty interest, and equal
employment opportunity claims. Mot. to Reassign or Recuse Magistrate Judge (ECF
No. 8) (Recusal Mot.); id. Attach. 1, Pl.’s Mem. of Law in Support of Cls. for Due
Process, Liberty Interest, and Equal Employment Opportunity Violations (Pl.’s Mem.).
First, regarding the motion for recusal of the Magistrate Judge, the Magistrate
Judge has denied the motion for recusal on the ground that Dr. Jolly has “not
identified any valid basis for [her] recusal.” Order Denying Mot. for Recusal (ECF

No. 9). In support of her motion for recusal, Dr. Jolly claimed that the Magistrate
Judge’s rulings created the appearance of partiality and raised reasonable concerns
concerning her neutrality, Recusal Mot. at 2, but other than these blanket assertions,
Dr. Jolly provides no other colorable basis. As the United States Supreme Court has
written, “judicial rulings alone almost never constitute a valid basis for a bias or
partiality motion.” Liteky v. United States, 510 U.S. 540, 555 (1994); United States v.

Medoff, 159 F.4th 107, 123 (1st Cir. 2025); Olszewski v. Hutchins, No. 1:24-cv-00209-
JAW, 2026 U.S. Dist. LEXIS 15326, at *34 (D. Me. Jan. 28, 2026).
Dr. Jolly has not described why this general rule against recusal based on a
judge’s prior rulings should not apply here, and the Court reviewed the Magistrate
Judge’s orders in this case and concludes that there is nothing in those rulings that
suggests any improper bias against Dr. Jolly. The Court’s conclusion is buttressed
by the Magistrate Judge’s independent decision in response to Dr. Jolly’s motion to

recuse rejecting the motion. Given this background, this Court declines to assign
another Magistrate Judge to this case due to Dr. Jolly’s unsubstantiated claim that
the current Magistrate Judge has exhibited a lack of impartiality.
Second, to the extent that Dr. Jolly wishes to object to the Magistrate Judge’s
recommended decision, her objection is too late. In her Recommended Decision dated
January 21, 2026, the Magistrate Judge wrote in italicized, bold lettering:
A party may file objections to those specified portions of a
Magistrate Judge’s report or proposed findings or recommended
decisions entered pursuant to 28 U.S.C. § 626(b)(1)(B) for which
de novo review by the District Court is sought, together with a
supporting memorandum, within fourteen (14) days after being
served with a copy thereof.
Dr. Jolly filed her objection to the January 21, 2026 Recommended Decision on March
2, 2026, well over a month after the Magistrate Judge issued the Recommended
Decision. Pl.’s Mem. at 1-23.
Dr. Jolly failed to mention when she received the Recommended Decision, but
the docket reflects the unusual difficulty the Clerk’s Office experienced
communicating with Dr. Jolly, because she refused to reveal her address. The Clerk’s
Office’s mail to her was returned as undeliverable, and finally on February 11, 2026,
the Magistrate Judge researched her potential address from the contents of another
case filed in the Northern District of California and directed that the Recommended
Decision be sent to her there. Order (ECF No. 7).
“A party’s obligation to maintain a current address with a court does not rest
with the court, the opposing party, or a third party. It rests solely with the party
[her]self, in this case [Dr. Jolly].” Ismail v. Robinson, No. 2:22-cv-00150-JAW, 2024
U.S. Dist. LEXIS 31904, at *3 n.3 (D. Me. Feb. 26, 2024) (quoting Boulier v. Penobscot
Cnty. Jail, No. 1:21-cv-00080-JAW, 2022 U.S. Dist. LEXIS 39708, at *10 (D. Me. Mar.
7, 2022)). In absence of evidence that Dr. Jolly’s filings are timely, the Court

concludes they are not, and her failure to file a timely objection constitutes a waiver
of her right to do so.
Even if Dr. Jolly’s objection to the Recommended Decision were considered
timely, the Court affirms the Magistrate Judge’s Recommended Decision on the
merits. Dr. Jolly’s complaint, which was filed with this Court on January 16, 2026,

lists two defendants: (1) Jennifer B. Colin in her personal and professional capacity,
and (2) Vermont Office of Professional Regulation. Compl. at 1. The complaint
mentions Dr. Colin has an undefined affiliation with the Vermont Board of Nursing.
Id. at 11-12. But, as the Magistrate Judge pointed out in her Recommended Decision,
Dr. “Jolly is suing a Vermont state agency and its employee for events that took place
entirely outside of Maine.” Recommended Decision at 1. The Magistrate Judge

properly determined that venue does not lie in the District of Maine and
recommended the dismissal of Dr. Jolly’s complaint. Id. at 1-2.
In response, Dr. Jolly submitted a lengthy memorandum, discussing Maine
law in detail, but she failed to attempt to amend her complaint to include as
defendants the state of Maine, a state of Maine agency, or anyone as a defendant who
resides in Maine. Pl.’s Mem. at 1-23. Thus, Dr. Jolly is submitting this extended
discussion about Maine law to support her case against a Vermont agency and a

Vermont resident. Yet, there remain no factual allegations in her complaint that the
state of Maine or anyone who resides in the state of Maine has anything to do with
the facts alleged in her lawsuit.
In short, having performed a de novo review, the Court AFFIRMS the
Magistrate Judge’s Recommended Decision for the reasons set forth in her
Recommended Decision and set forth herein, and DISMISSES Maketa S. Jolly’s
complaint (ECF No. 1).
SO ORDERED.

/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE

Dated this 12th day of March, 2026

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11274994. Public record. Not legal advice.
