ORDERS:
ORDER OF REMAND
GRIEVANCE NO. ECI 0051-04
In
the above-captioned matter, Appellant challenges his January 6, 2004
disciplinary conviction by Respondent South Carolina Department of Corrections
(Department) for using illegal or unauthorized drugs, for which the Department
revoked ninety days of his “good-time” credit, among other sanctions. However,
upon preparing the record for this appeal, the Department learned that the
audio tape of Appellant’s disciplinary hearing has been recycled and,
accordingly, that a transcript of the hearing cannot be prepared. Therefore,
by a motion for remand filed on September 6, 2005, the Department requests 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 remand requested by the Department would grant
Appellant the relief he seeks in this matter. Therefore,
IT
IS HEREBY 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 him any good-time credit
lost a result of the conviction.
AND
IT IS SO ORDERED.
______________________________
JOHN D.
GEATHERS
Administrative
Law Judge
November 29, 2005
Columbia, South Carolina |
