ORDERS:
ORDER OF DISMISSAL
This matter is before the Administrative Law Judge Division ("Division") pursuant to an appeal by Malik Abdul Al-Shabazz (the "Appellant") filed June 1, 2000. According to the Notice of Appeal, this appeal was first filed as an action for
post-conviction relief on September 13, 1995, and was summarily dismissed on October 25, 1996. Appellant then filed an
appeal with the South Carolina Supreme Court.
On August 23, 1999, the Court issued its opinion. The Court then granted the State's Petition for Rehearing and
Respondent's Motion to Intervene. The Court heard oral arguments and issued its final opinion on February 14, 2000,
wherein the Court vacated the summary dismissal of Appellant's case and remanded it to Respondent for administrative
review pursuant to the Administrative Procedures Act. Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000).
According to the Notice of Appeal, Respondent issued a final decision regarding Appellant's original allegations in his
application for post-conviction relief in May 2000. Appellant filed a Notice of Appeal with the Division on June 1, 2000,
and the case was assigned to the undersigned Judge on June 15, 2000.
On July 14, 2000, Respondent filed a Motion to Enlarge Time to file the Record on Appeal, requesting "that the time
within which Respondent may file the Record and its brief be extended for a period of thirty (30) days from the Order
granting such relief." The undersigned Judge issued an Order Governing Procedure on July 20, 2000, ordering Respondent
to file the Record on Appeal on or before August 21, 2000, notwithstanding Respondent's Motion to Enlarge Time.
Respondent failed to timely file the Record in this case. The undersigned Judge then issued an Order requiring the
Department to file the Record on Appeal with the Division not later than 5:00 p.m. on September 5, 2000. On that date, the
entire record was filed along with a Motion for the Appellant to make the request for relief more definite and certain.
On November 13, 2001, the undersigned Judge issued its Order requiring the Appellant to file with this court, within sixty
days of the date of the Order, a listing of each specific offense he was charged with and made a part of the PCR action in
circuit court, a listing of the specifics of each offense, the specific violation charge and the final decision of the Department
in each grievance, a listing of the final disciplinary action taken in each specific grievance as determined by the Department
in its final decision, and a listing of the specific grounds for appeal to this tribunal on each of the grievances. The
Department was allowed thirty days to respond to the filing by Appellant.
As of the date of this Order, Appellant has failed to respond to the November 13, 2001 Order. Without specific allegations
and offenses for this court to review, it is impossible to determine the validity of the relief sought by Appellant.
Accordingly, having failed to comply with the Order of this court specifying any grievances decided by the Department and
further, based upon judicial economy, this case must be dismissed with prejudice.
IT IS HEREBY ORDERED that Appellant's appeal is dismissed with prejudice
AND IT IS SO ORDERED.
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MARVIN F. KITTRELL
Chief Administrative Law Judge
January 31, 2002
Columbia, South Carolina |