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.
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RAY N. STEVENS
Administrative Law Judge
October 20, 1995
Columbia, South Carolina |
