South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Herbert L. Marshall vs. SCDHHS

AGENCY:
South Carolina Department of Health and Human Services

PARTIES:
Appellant:
Herbert L. Marshall

Respondents:
South Carolina Department of Health and Human Services
 
DOCKET NUMBER:
08-ALJ-08-0371-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is before the undersigned Judge based on a Notice of Appeal filed by the Appellant on August 6, 2008. On September 24, 2008, the Respondent filed the Record on Appeal. According to ALC Rule 37(a), the brief of the Appellant was due thirty days after receipt of the Record. However, The Appellant never filed a brief. [1]

“ Upon 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.

It appearing that the Appellant has failed to comply with the time frame to file a brief in this matter, this case is hereby DISMISSED.

AND IT IS SO ORDERED.

______________________________

CAROLYN C. MATTHEWS

Administrative Law Judge

December 2, 2008

Columbia, South Carolina



[1] On September 26, 2008, the Respondent filed a Motion to Dismiss on the basis that this Court lacked jurisdiction. The Appellant failed to respond to this Motion. However, this Motion will not be reached by the court because it is now moot.


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