ORDERS:
ORDER GRANTING MOTION TO DISMISS
This matter is currently pending before the Administrative Law Judge Division (ALJD) pursuant to the
South Carolina Department of Corrections' (Respondent or Department) Motion to Dismiss filed on October
27, 2000. Respondent seeks a dismissal on the grounds that the Appellant has received the relief that he
requested and, therefore, the claim is moot.
In Appellant's Step 1 Grievance, Appellant requested that he be advanced in custody status to a 1B security
level. The Department denied Appellant's grievance because Appellant was convicted of a charge of
Possession of Contraband. However, in Respondent's Motion to Dismiss, Respondent stated that on October
18, 2000, Appellant was advanced to a 1B security level. Since this is the relief that Appellant sought, this
tribunal can provide no further relief and this appeal has been rendered moot.
The South Carolina Supreme Court has stated:
This Court will not pass on moot and academic questions or make an adjudication where there remains no
actual controversy. Wallace v. City of York, S.C., 281 S.E.2d 487 (1981). A case becomes moot when
judgment, if rendered, will have no practical legal effect upon existing controversy. This is true when some
event occurs making it impossible for reviewing Court to grant effectual relief. Such is the situation here.
Mathis v. South Carolina State Highway Dept., 260 S.C. 344, 195 S.E.2d 713 (1973).
Jones v. Dillon-Marion Human Resources Development Commission, 277 S.C. 533, 291 S.E.2d 195 (1982);
see Dodge v. Dodge, 332 S.C. 401, 505 S.E.2d 344 (Ct. App. 1998).
IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss is hereby GRANTED.
AND IT IS SO ORDERED.
______________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
March 6, 2001
Columbia, South Carolina |