South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
James McNeil #147700 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
James McNeil #147700

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
05-ALJ-04-00269-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF REMAND
GRIEVANCE NO. PCI 0229-04

In the above-captioned matter, Appellant challenges his June 9, 2004 disciplinary conviction by Respondent South Carolina Department of Corrections (Department) for the possession of contraband, for which the Department revoked sixty days of his accrued “good-time” credits. However, by a Motion for Remand filed on June 6, 2005, the Department informed this Court that, upon reviewing the record in this case, 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

November 29, 2005

Columbia, South Carolina


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