ORDERS:
ORDER OF DISMISSAL
This
matter is before the South Carolina Administrative Law Court (“ALC”) pursuant
to the Notice of Appeal filed December 5, 2007 by Appellant David Bethea (“Bethea”). Pursuant to ALC Rule 37(A), Bethea was required to file an
appellate brief in the above-captioned matter with this court and to serve all
parties with the same “within thirty (30) days after the filing of the Record
on Appeal.” ALC Rule 37(A). The Record on Appeal was filed on February 11, 2008, and Bethea’s brief was due within thirty days thereafter. The court
further observes that on February 12, 2008, Bethea was served with this court’s Order Setting Forth Appellate Procedures in Cases with Pro se Parties, which
explained the ALC Rules of Procedure applicable to this case and the
Appellant’s obligation to file a brief thereunder. However, to date, the
Appellant has not filed an appellate brief in this matter.
Because
Bethea has failed to timely file an appellate brief, this case is hereby
dismissed pursuant to ALC Rule 38. ALC Rule 38 provides that “[u]pon motion of
any party, or on its own motion, an administrative law judge may dismiss an
appeal for failure to comply with any of the rules of procedure for appeals,
including the failure to comply with any of the time limits provided by this
section.” ALC Rule 38. By virtue of his request for an appeal, the Appellant
had an obligation to advance his position, and he was given ample time to do
so.
Accordingly,
it is
ORDERED that this appeal is DISMISSED.
IT
IS SO ORDERED.
________________________ _____
PAIGE J. GOSSETT
Administrative Law Judge
May 15, 2008
Columbia, South Carolina
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