In the above-captioned matter, Appellant challenges his September 11, 2003 disciplinary
conviction by Respondent South Carolina Department of Corrections (Department) for rioting, for
which the Department revoked sixty days of his “good-time” credit. However, by a Motion for
Remand filed on January 13, 2005, the Department informed this tribunal “it is apparent that there
is no substantial evidence that [Appellant] engaged in the said infraction,” 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
