ORDERS:
ORDER OF DISMISSAL
This
matter is before the South Carolina Administrative Law Court (“ALC”) pursuant
to the Notice of Appeal filed August 16, 2007 by Appellant Kevin Wayne Baker. On December 4, 2007, the court granted Appellant’s counsel, John L.
Drennan, a second extension of time to file his appellate brief, ordering the
Appellant to file his brief by December 18, 2007. On December 19, 2007, the Supreme Court of South Carolina issued an Order placing Drennan on interim
suspension and appointing Joseph S. Schmutz to assume responsibility for
Drennan’s client files. On February 12, 2008, in light of those events, the court provided Baker with an additional forty-five days to file his Appellant’s
brief. The court filings indicate that Schmutz does not represent Baker and
that, despite several notifications to do so, Baker has not obtained his client
file from Schmutz.
On
May 15, 2008, the Respondent filed a motion to dismiss this appeal pursuant to
ALC Rule 38 based on Baker’s failure to file an appellate brief in accordance
with the court’s order issued February 12, 2008. To date, Baker has not filed an appellate brief in this matter nor has he filed a response to the
Respondent’s motion. Because Baker 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, Baker had an obligation to advance his
position, either through counsel or pro se, and he was given ample time
to do so. Nonetheless, Baker failed to file an appellate brief in support of his
appeal. It is therefore
ORDERED that this appeal is DISMISSED.
IT
IS SO ORDERED.
______________________________
PAIGE J. GOSSETT
Administrative Law Judge
June 2, 2008
Columbia, South Carolina
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