In the above-captioned matter, Appellant challenges his May 12, 2004 disciplinary
conviction by Respondent South Carolina Department of Corrections (Department) for abuse of
privileges, for which the Department revoked 120 days of his “good-time” credit. However, by a
Motion for Remand filed on January 31, 2005, the Department informed this tribunal that, upon
reviewing the record, it has determined that Appellant’s disciplinary conviction should be
overturned, and, therefore, the Department requested that “this case be remanded to the Department
so that it may overturn [Appellant’s] conviction and return 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
May 5, 2005
Columbia, South Carolina
