ORDERS:
ORDER OF DISMISSAL
GRIEVANCE NO. MSU 0050-04
Pursuant to ALC
Rule 60(A), Appellant was required to file an appellate brief in the above-captioned
matter with this Court and to serve all parties with the same “within
sixty-five (65) days after the date of assignment.” ALC Rule 60(A). This case
was assigned on April 6, 2005, and Respondent South Carolina Department of
Corrections (Department) filed the Record on Appeal in this matter on May 23,
2005. However, to date, Appellant has not filed an appellate brief in this
appeal. Because Appellant has failed to timely file an appellate brief, this
case is hereby dismissed pursuant to ALC Rule 62, which provides that:
Upon motion of any
party, or on its own motion, an Administrative Law Judge may dismiss an appeal
for failure to comply with any of the rules of procedure for appeals, including
the failure to comply with any of the time limits provided by this section[.]
ALC Rule 62 (emphasis added).
By virtue of his
request for an appeal, Appellant had an obligation to advance his position, and
Appellant was given ample time to do so. Nonetheless, Appellant failed to file
an appellate brief or other responsive material in support of his appeal. This case must, therefore, be dismissed. “There is a limit beyond
which the court should not allow a litigant to consume the time of the court .
. . .” Georganne Apparel, Inc. v. Todd, 303 S.C. 87, 92, 399 S.E.2d 16,
19 (Ct. App. 1990).
IT IS
THEREFORE ORDERED that this case is hereby DISMISSED with prejudice.
AND IT IS SO
ORDERED.
______________________________
JOHN D.
GEATHERS
Administrative
Law Judge
November 28, 2005
Columbia, South Carolina
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