South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Alvin Smalls #253745 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Alvin Smalls #253745

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
05-ALJ-04-00206-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF REMAND
GRIEVANCE NO. ECI 9008-05

In the above-captioned matter, Appellant challenges his August 21, 2001 disciplinary conviction by Respondent South Carolina Department of Corrections (Department) for threatening to inflict harm on a Department employee, for which the Department revoked twenty days of his “good-time” credit among other sanctions. However, upon preparing the record for this appeal, the Department learned that the audio tape of Appellant’s disciplinary hearing has been lost and, accordingly, that a transcript of the hearing cannot be prepared. Therefore, by a motion for remand filed on April 20, 2005, the Department requests that “this matter be remanded so that the Department may overturn [Appellant’s] conviction and return the good time lost as a result of the conviction.” While Appellant has not filed a response to this motion, the remand requested by the Department would grant Appellant the relief he seeks in this matter. Therefore,

IT IS HEREBY 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 him any good-time credit lost a result of the conviction.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

May 5, 2005

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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