South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Charlie Holley, #197887 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Charlie Holley, #197887

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00002-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is before the Administrative Law Judge Division ("Division") pursuant to the appeal of Charlie Holley ("Appellant"). On July 19, 1999, Appellant was convicted of possession of contraband. As a result of his conviction, Appellant lost thirty days of good time credit. Appellant filed a grievance with the Department on August 31, 1999, and received a final decision from the Department on October 6, 1999. On November 10, 1999, Appellant attempted to file an action seeking review of the Department's final decision in the Court of Common Pleas for Richland County. (1) On March 13, 2000, Appellant filed this appeal with the Division.

On September 14, 2000, the undersigned issued an Order of Remand requiring the Department to provide a certified transcript of Appellant's disciplinary hearing. After the Department filed a Motion for Reconsideration, the undersigned issued a second order on November 29, 2000. In that order, the undersigned still required the Department to provide a certified transcript of Appellant's disciplinary hearing. On February 7, 2001, the Department in fact provided a certified transcript of Appellant's disciplinary hearing held July 19, 1999, and July 20, 1999.

In a Motion to Dismiss filed July 23, 2001, and amended July 26, 2001, the Department asserted Appellant's claim was moot because he was released from prison.

An issue is moot when a judgment on the issue will have no practical effect on an existing case or controversy. Mathis v. South Carolina State Highway Dep't, 260 S.C. 344, 195 S.E.2d 713 (1973).

In this case, Appellant was released from prison on June 26, 2001. As a result, Appellant's claim regarding good time credit is rendered moot.

IT IS HEREBY ORDERED that Respondent's Motion to Dismiss is granted and this appeal is dismissed with prejudice.

AND IT IS SO ORDERED.





__________________________________

MARVIN F. KITTRELL

Chief Administrative Law Judge



August 10, 2001

Columbia, South Carolina

1. Although Inmate Holley took all necessary steps to file his action with the Richland County Court of Common Pleas, the Clerk of Court did not assign a docket number to his action pending the Supreme Court's rehearing of Al-Shabazz v. State, infra. Inmate Holley's pleadings were returned to him by the Clerk's office following the Supreme Court's February 14, 2000 decision. By Order Denying Motion to Dismiss dated July 5, 2000, I acknowledged that Inmate Holley "took all possible steps" to file his appeal with the circuit court, and, as such, the Division had jurisdiction pursuant to Al-Shabazz v. State to hear Inmate Holley's appeal.


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