South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Daryel T. Miller vs. SCDOI

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
Daryel T. Miller

Respondents:
South Carolina Department of Insurance
 
DOCKET NUMBER:
95-ALJ-09-0568-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

On September 5, 1995, an ORDER was issued to all parties requiring the filing with me of Prehearing Statements within fifteen (15) days of the date of that ORDER. Given the additional five (5) day extension allowed for mailing under ALJD Rule 5(C), the Prehearing Statements were due on Monday, September 25, 1995. The Petitioner failed to file Prehearing Statements.

On September 29, 1995, the Petitioner was again directed to file the Prehearing Statement on or before Monday, October 9, 1995. No Prehearing Statement was received by the close of business on the extension date of October 9, 1995. The Administrative Law Judge may dismiss a contested case adverse to any party who fails to comply "with any interlocutory order." (ALJD Rule 23). The Petitioner failed to comply with the September 5, 1995, Order. On October 12, 1995, the Respondent filed a Motion to Dismiss on the grounds that the Petitioner has failed to prosecute this action by failing to adhere to an interlocutory order. The motion is granted.

Therefore, IT IS ORDERED that the above-captioned case be and hereby is dismissed.





_______________________________________

RAY N. STEVENS

Administrative Law Judge

October 20, 1995

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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