ORDERS:
ORDER OF REMAND
This matter comes before the Administrative Law Court (ALC or Court) pursuant to the appeal of Michael Gore, an inmate incarcerated with the Department of Corrections (Department). Inmate Gore alleges that the Department wrongfully convicted him of the Use or Possession of Narcotics, Marijuana or Unauthorized Drugs, Including Prescription Drugs. For that conviction, Gore lost ninety (90) days good time credit. On May 18, 2005, Gore filed this request for injunctive relief in which he set forth that the Department had lost his Step 2 grievance form he filed with the Department in 2003.
On July 18, 2005, the Department filed a Motion to Remand, setting forth:
Upon review of Gore's appeal and in preparation of submitting the Record on Appeal to the ALC, it has been determined that the tape of the Appellant's disciplinary hearing cannot be located and a transcript cannot be provided. Thus, the Department respectfully requests that this matter be remanded so that the Department may overturn Gore's conviction with an opportunity to rehear the charge.
Since the Department has given Inmate Gore all the relief to which he is entitled in that his conviction will be overturned and his case will be reheard, I find that this appeal is moot. An issue is moot when a “judgment, if rendered, will have no practical legal effect upon the existing controversy.” Mathis v. South Carolina State Highway Dept., 260 S.C. 344, 346, 195 S.E.2d 713, 715 (1973).
IT IS THEREFORE ORDERED that this matter is REMANDED to the Department for it to take such action as is necessary to overturn Michael Gore’s conviction of Use or Possession of Narcotics, Marijuana or Unauthorized Drugs, Including Prescription Drugs to grant a rehearing in this matter.
AND IT IS SO ORDERED.
____________________________________
Ralph King Anderson, III Administrative Law Judge
August 11, 2005
Columbia, South Carolina |
