South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Daniel Gambrell #220429 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Daniel Gambrell #220429

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
04-ALJ-04-00430-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF REMAND
Grievance No. KCI 0035-04

In the above-captioned matter, Appellant challenges his February 18, 2004 disciplinary conviction by Respondent South Carolina Department of Corrections (Department) for the use of marijuana, for which the Department imposed a number of sanctions upon Appellant, including the revocation of ninety days of his “good-time” credit. However, by a Motion for Remand filed on January 4, 2005, the Department informed this tribunal that “some procedural problems were noted” in Appellant’s disciplinary proceeding, and, therefore, it requested that “this case be remanded so that the Department may overturn [Appellant’s] conviction and restore any lost good time.” While Appellant has not filed a response to this motion, the proposed remand would grant him the relief he seeks in this matter.

IT IS THEREFORE ORDERED that the Department’s Motion for Remand is GRANTED and this matter is REMANDED to the Department for it to overturn Appellant’s disciplinary conviction and restore to Appellant any good-time credit lost as a result of the conviction.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

January 31, 2005

Columbia, South Carolina


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