ORDERS:
ORDER OF DISMISSAL
On April 8, 2005, Appellant
initiated the above-captioned matter by filing a petition for injunctive relief
seeking an order from this Court requiring Respondent South Carolina Department
of Corrections (Department) to allow him to receive his newspaper
subscription. By a Motion for Remand filed on June 6, 2005, the Department
informed this Court that Appellant did not file a grievance regarding his
newspaper subscription until April 15, 2005, and that the Department had not
yet had the opportunity to respond to the grievance at the time of the motion.
Accordingly, the Department requested that this case be remanded so that it
could continue to process Appellant’s grievance and provide him with a response
to his concerns. Therefore, as Appellant failed to exhaust his administrative
remedies prior to brining this case,
IT IS HEREBY
ORDERED that this matter is REMANDED to the Department so that it
may respond to Appellant’s grievance concerning the receipt of his newspaper
subscription. As this remand brings the instant matter to a close, if
Appellant is dissatisfied with the Department’s final agency determination
regarding his grievance, he must file a new appeal with this Court.
AND IT IS SO
ORDERED.
______________________________
JOHN
D. GEATHERS
Administrative
Law Judge
November 29, 2005
Columbia, South Carolina |
