ORDERS:
ORDER OF DISMISSAL
This matter is before the Administrative Law Judge Division (Division) pursuant to the appeal of Malcolm Omawale
Abdullah (Appellant) from a final decision of the Respondent, South Carolina Department of Corrections (Department), in a
disciplinary proceeding against the Appellant, dated May 2, 1997. Appellant, who is incarcerated at Lieber Correctional
Institute in Ridgeville, South Carolina, claims a number of procedural errors related to the Department's decision.
The Division's jurisdiction to hear this matter is derived entirely from the decision of the South Carolina Supreme Court in Al-Shabazz v. State, Op. No. 24995 (S.C. Sup. Ct. filed February 14, 2000) (Shearouse Adv. Sh. No. 6 at 21), 2000 WL
156547. In Al-Shabazz, the Supreme Court created a new avenue by which inmates could seek review of final decisions of
the Department in "non-collateral" matters, i.e., matters in which an inmate does not challenge the validity of a conviction or
sentence, by appealing those decisions to the Division and ultimately to circuit court pursuant to the Administrative
Procedures Act. However, this avenue of relief applies only to
all PCR [post-conviction relief] actions filed and all administrative matters in which Department [Department of Corrections]
renders a final decision after the date of this opinion [February 14, 2000]. It also shall apply to all cases currently pending
in circuit court or before this Court in which . . . Department has decided a non-collateral or administrative matter and the
inmate has not had the opportunity to obtain APA review in the manner we have outlined.
Al-Shabazz at 45 (Emphasis added).
In this case, the Department rendered its final decision on May 2, 1997, and the Appellant received the decision on May 16,
1997-- well before the Al-Shabazz case was decided. Moreover, there is no indication that Appellant appealed the
Department's final decision to Circuit Court. Accordingly, this Division does not have jurisdiction to entertain Appellant's
appeal, and this matter is hereby dismissed.
AND IT IS SO ORDERED.
___________________________________
Marvin F. Kittrell
Chief Judge
April 24, 2000
Columbia, South Carolina |
