On August 16, 2004, Appellant filed a Petition for a Writ of Mandamus in which he seeks
an order from this tribunal compelling Respondent South Carolina Department of Corrections
(Department) to respond to several grievances he has filed. On October 11, 2004, the Department
filed a Return to Appellant’s Petition for Writ of Mandamus or, in the alternative, Motion for
Remand. In that return and motion, the Department reports that it records indicate that Appellant
only has three pending grievances, two from August 2004 and one from September 2004, and
requests that, to the extent those three grievances are implicated, this matter be remanded to the
Department so that it can address those grievances. The records submitted by the Department in
support of its return and motion show four grievances filed by Appellant that are not listed with a
disposition as of October 7, 2004: one regarding unprofessional conduct from July 1, 2003; two
regarding medical concerns from August 12, 2004, and August 30, 2004; and one regarding food
from September 2, 2004. Accordingly, the Department’s motion for remand is granted, with the
additional requirement that Appellant’s July 1, 2003 grievance also be addressed.
IT IS THEREFORE ORDERED that the above-captioned matter is REMANDED to the
Department for it to address Appellant’s four pending grievances cited above, to the extent those
grievances can be identified and addressed, and to the extent the Department has not already
responded to those grievances.
IT IS FURTHER ORDERED that the Department must respond to these grievances, if it
has not done so already, within thirty (30) days of the date of this Order.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
January 31, 2005
Columbia, South Carolina
