South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Daniel Jones #130817 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Daniel Jones #130817

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
04-ALJ-04-00361-IJ

APPEARANCES:
n/a
 

ORDERS:

ORDER OF REMAND
Grievance No. N/A

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


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